TANSI land case suffered8217; 90 adjournments: CID

CHENNAI, NOV 16: Former chief minister J Jayalalitha was adopting dilatory tactics so as to protract proceedings in cases registered against...

CHENNAI, NOV 16: Former chief minister J Jayalalitha was adopting dilatory tactics so as to protract proceedings in cases registered against her, and the TANSI land and office building case has suffered 90 adjournments, the Crime Branch, Criminal Investigation Department CID told the Special Court here today.

In its counter-affidavit filed before P Anbazhagan, Judge, Special Court-III, in response to a petition from Jayalalitha to postpone the hearing in the case on the ground that appointment of more than one special public prosecutor SPP in a case is illegal, the CID submitted that the judge had taken cognisance of the case on November 19, 1996.

Since then, the case has been adjourned from time to time on 90 occasions. In these two years, she had filed numerous frivolous and vexatious petitions to prevent the case from reaching the stage of framing of charges, it said, adding the present petition is also frivolous and not maintainable.

There is no restriction of powers under Section 24 8 of theCriminal Procedure Code or any other law, which prevents the State Government from appointing more than one special public prosecutor, the CID said.

It added that after taking into consideration the magnitude and sensitive nature of the cases, number of witnesses and documents involved and other relevant factors, the State Government had thought it fit to appoint more than one SPP in each case.

The CID submitted it was not correct to say that the appointment of SPPs cast a heavy drain on the exchequer. When appointments were made to further the cause of administration of justice, the question of expenditure is not a relevant consideration, it said.

The affidavit pointed out that more than 100 advocates represented Jayalalitha and filed memos of appearance. In the Rajiv Gandhi assassination case, a panel of public prosecutors was appointed.

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Moreover, the petitioner, who is an accused, has no locus standi to suggest or to decide the number of SPPs to be appointed in the cases against her as it iswithin the exclusive domain and discretion of the Government. Jayalalitha8217;s petition was devoid of merit and liable to be dismissed, it said.

Meanwhile, former All India Anna Dravida Munnetra Kazhagam minister Mohammed Asif, one of the accused in the TANSI case, has moved the Madras High Court with a quo-warranto writ petition, questioning under what authority the three SPPs hold the posts. It is likely to come up for hearing tomorrow.

Citing this as reason, Jayalalitha8217;s counsel suggested the Special Court adjourn the matter by a day, and the court posted the matter to November 18.