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This is an archive article published on May 13, 2014

Jaya, co-accused carrying out fraud on court: Judge

Assets case: Says she is misleading court by suppressing facts.

J Jayalalithaa J Jayalalithaa

A speciaL court in Bangalore, which is conducting the trial in the Rs 66.65-crore disproportionate assets case againstJ Jayalalithaa and three of her associates, has accused the Tamil Nadu Chief Minister and the others of carrying out a “fraud on the court’’ through suppression of material facts and by misleading the court.

Special Judge John Michael Cunha made these observations in the course of an order passed on May 7 after Jayalalithaa and the other accused — V K Sasikala, V N Sudhakaran and J Illavarasi — obtained an order on April 2, 2014 from the Madras High Court for taking up on priority claims over cars and other movable goods seized from the accused in 1996.

Accepting the HC order, the special judge indicated it was obtained by the accused in violation of precedence set for the conduct of the trial in the assets case and without informing the designated special public prosecutor in the case.

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The special judge took exception to the failure of the accused and their counsels in bringing to the notice of the special court the pendency of an appeal since the year 2000 in the Madras High Court with respect to the claims over cars and movables.

The judge has called the conduct of the CM and others as “highly reprehensible’’ and deserving of condemnation in the strongest terms.

“Having noticed certain unfortunate developments that have taken place in the instant case I would like to place on record my strong disapproval of the conduct of the accused in misleading the court by way of suppression of material facts and deliberate suggestion of falsehood which in my opinion amounts to a clear case of fraud on the court,’’ the judge stated.

The special court also found the TN Directorate of Vigilance and Anti Corruption who are prosecuting the case against Jayalalithaa and others guilty of complicity in the attempt to mislead the court. The court proposed action against the DVAC at the end of the main trial.

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The TN DVAC is “guilty of misconduct and dereliction of duty’’ the court observed while stating that suitable action will be taken at the time of the final judgment.

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