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This is an archive article published on February 18, 2004

SC rejects Jaya plea on transfer of cases

The Supreme Court today dismissed the application of Tamil Nadu Chief Minister J. Jayalalithaa seeking the re-transfer of the trial of two d...

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The Supreme Court today dismissed the application of Tamil Nadu Chief Minister J. Jayalalithaa seeking the re-transfer of the trial of two disproportionate assets cases from Bangalore either to Pondicherry or Andhra Pradesh. A two-judge bench said: ‘‘We are not persuaded to re-appreciate the circumstances leading to the filing of the transfer petitions and the order of this court transferring the same. ‘‘No case is made out for modification of our order under reference. The petitions are dismissed as being devoid of merits,’’ the bench said.

After hearing the counsels for both sides, this court had transferred the case to Karnataka when the petitioner sought the transfer of the trial of the Rs 65 crore disproportionate assets case outside the state contending that a fair trial may not be possible. The bench said that under Section 406 of the CrPC, the apex court can direct the transfer of a case.

Pondicherry does not have a high court so the situation is not contemplated under Sec 406 (CrPC), the bench said.

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