Jaya conviction a blow to party on poll eve

CHENNAI, FEBRUARY 3: AIADMK general secretary J. Jayalalitha and former Local Administration minister T.M. Selvaganapathy have been convic...

CHENNAI, FEBRUARY 3: AIADMK general secretary J. Jayalalitha and former Local Administration minister T.M. Selvaganapathy have been convicted in the criminal conspiracy in the Pleasant Stay Hotel case although there was no direct evidence against them. The judge held that the circumstantial evidence against them were strong enough to prove the prosecution8217;s case beyond doubt.

Special judge-II V. Radhakrishnan pointed out that since the FIR was lodged nearly two years after the offence had occurred, the prosecution had to rely on circumstantial evidence. He said criminal conspiracy cannot be proved by direct evidence as it is conceived and hatched in secrecy. When conspiracy involves high officials and politicians, it is all the more difficult to secure incriminating materials, that too two years after the offence took place.

8220;If the prosecution is able to prove through circumstantial evidence that there was a meeting of minds between the conspirators, it will be sufficient to prove the criminalconspiracy,8221; he added.

Significantly, the judge declared that Jayalalitha and Selvaganapathy were not entitled to immunity from legal proceedings under Article 194 2 of the Constitution.

The two, who were also MLAs, had claimed immunity saying that they had passed the District Municipalities Amendment and Validation Act in the Legislative Assembly to give effect to the exemption granted to the Pleasant Stay Hotel.

The judge, however, said the Amendment was passed 8220;six months after an illegal GO was issued8221;. The offences of criminal misconduct and falsification of records were completed as soon as the GO was passed.

The second GO issued by them under Section 113 of the Town and Country Planning Act 8220;has nothing to do with the legislation8221;. Hence, there is absolutely no nexus between the issuing of the GO and passing the Amendment.