SC dismisses Jaya8217;s plea

quot;All special leave petitions except that filed by Voice a consumer activist organisation which had challenged the Central notification are dismissed,quot; the Bench said.

The Tamil Nadu Government had, by the April 30, 1997 notification, exercised its powers under Section 31 of the Prevention of Corruption Act, 1988, and created three special courts to try 46 corruption cases against Jayalalitha, some of her erstwhile Cabinet colleagues and certain bureaucrats.

However, the Centre, exercising its powers under Section 42 of the Act had issued a notification on February 5 reallocating cases against Jayalalitha from the three special judges to other judges.

Voice had challenged the Central notification saying it amounted to interference in the powers of judiciary as the Tamil Nadu Government had set up the courts after taking concurrence of the Madras High Court.

The court rejected the arguments of the Centre that Section 42 gave sole powers to it to reallocate cases pending before the special judges.

The bench upheld the contention of the Tamil Nadu Government that the State had created the three special courts as allocation of the 46 corruption cases against Jayalalitha to the existing judges would have over-burdened them resulting in a delay of trial.

The bench while dismissing Jayalalitha8217;s appeal had also taken note of the concurrence of High Court taken by the State Government in setting up of the three special courts.

The Centre had conceded though it had taken a stand before the Apex Court that it would exercise its powers under Section 42 of the Act for reallocation of cases in consultation with the Madras High Court, quot;apparently it did not receive any communication from the Chief Justicequot;.

During the hearing on special leave petitions filed by Jayalalitha, the Supreme Court had rejected outright the plea of the accused for stay of the trial. The trial courts had been going on with the trial against the accused on a day to day basis.