HC notice to Jayalalitha in Tansi case

Besides, Jayalalitha, Sasikala and Srinivasan, a former AIADMK minister Mohammad Asif, a deputy collector (stamps) Nagarajan and a then additional secretary to Jayalalitha, Karpoorasundara Pandian were also sentenced to three years RI and two years RI in two TANSI land deal cases. The judge, however, acquitted Asif in one case.

On December 11, Anbazhagan had found the AIADMK supremo guilty of offences under Sec.120 (B) (criminal conspiracy) and Sec. 409 of IPC (criminal breach of trust by public servants) and Sec.13 (1) (C) of PCA and had sentenced her to three years rigorous imprisonment.

He had acquitted her of charges under Sec.169 IPC (public servant buying or bidding for certain property that she is legally bound not to buy or bid for), holding that the prosecution had cited no law to establish that the property could not be acquired by a public servant.

In the appeals, the Crime Branch-CID contended that the judge had not adduced any reason for acquitting them of the charges under Sec.169 IPC.

The prosecution said the judge after having dismissed petitions from the accused seeking to be discharged of the charges under the section ought to have found them guilty since the reasoning for dismissal of the discharge petitions were applicable even at the time of conclusion of the trial.

Jayalalitha as chief minister was not entitled to purchase government property, as per the code of conduct for ministers, and was, therefore, liable to be punished.

The judge having convicted Jayalalitha under Sec.409 IPC, ought to have convicted her under Sec.169 and the others under Sec.169 read with Sec.109, the CB-CID contended.

The transactions had involved purchase of TANSI property by `Jaya Publications’ and `Sasi Enterprises’ after under valuing the property and consequent evasion of stamp duty and also reduced registration charges had resulted in a loss of several crores of rupees to the exchequer.