In a setback to Tamil Nadu Chief Minister J Jayalalithaa, the Supreme Court on Tuesday dismissed her petition to stay the disproportionate assets (DA) case trial pending in a Bangalore court. The Court also lifted the stay on the ongoing trial imposed by it on May 26.
The Vacation Bench of Justices Vikramajit Sen and SK Singh found no merit in Jayalalithaa’s plea to await the outcome of a suit filed by certain companies claiming ownership over properties named by the Vigilance department as “benami” against her name. The petition demanded that till the outcome of the suit filed by Chennai-based lex Properties, the DA case trial be stayed.
The bench found “no merit” in the petition, thus upholding the Madras High Court order which had asked Jayalalithaa to face trial in the DA case and then await the outcome of the suit. Senior advocate Shekhar Naphade who represented the Tamil Nadu Chief Minister alleged that the HC order was not correct as the suit of ownership had a direct bearing on the DA case.
Aggrieved by the May 20, 2014 order by the High Court, Naphade approached the apex court. He further raised objection to an application moved by the Vigilance department to withdraw attachment of the properties, which is subject matter in the DA case. Responding to this charge, the Vigilance wing of the state represented by senior advocate Amarendra Saran claimed that the accused had no right to challenge the decision to withdraw attachment.
This is not the first time the apex court has stood firm on fast-tracking the DA case against Jayalalithaa. After the SC shifted the trial in the case from Chennai to Bangalore in 2003, a dispute arose over appointment of a prosecutor that got settled last year by the apex court. It was at the instance of the SC, the Karnataka High Court was asked to initiate appointment of a special prosecutor in the case.
Jayalalithaa faces charges of accumulation of over Rs 66 crore worth of assets disproportionate to her known sources of income. Besides Jayalalithaa, VK Sasikala, VN Sudhakaran and J Illavarasi are also facing trial in the case.