Millennium Post

HC reserves order on Swamy’s plea in Jayalalithaa’s DA case

Swamy, who first moved a Chennai court against Jayalalithaa accusing her of amassing disproportionate wealth, had filed the application on January 24.

As soon as the Special Bench of Justice C R Kumaraswamy assembled, Swamy submitted that he was the original complainant and should be allowed to implead in the case under the provisions of Section 5 (3) of the Prevention of Corruption Act.

"I am the original complainant and I am in complete hold of the case. Therefore, it is left to the discretion of the honourable judge to allow me to implead in the case," he contended.

The Special Bench has been set up on the direction of the Supreme Court which had said on on December 18, last year that Jayalalithaa?s plea challenging her conviction in the disproportionate assets case be decided within three months.

Swamy also questioned the credentials of Special Public Prosecutor (SPP) Bhavani Singh, who was absent on two crucial occasions during the hearing of Jayalalithaa's bail plea in the Supreme Court.

"Since the prosecution was taking its course, I did not find it necessary to implead in the case for many years, but decided in its favour after I became apprehensive when the SPP remained absent during the hearing of Jayalalithaa's bail plea in apex court," he said.

The BJP leader further submitted that he wants to implead in the case to assist the court for the sake of justice and would make written submissions at the final stages of the arguments.

Citing former Maharashtra Chief Minister A R Antulay's case, Swamy said as per the judgement, he can be allowed to represent the arguments in the capacity of "deemed" SPP.

Countering the submissions made by Swamy, the SPP submitted that as per law, Swamy can make written submissions but cannot present arguments in individual capacity.

B Kumar, counsel for Jayalalithaa, said that Swamy is not entitled to be impleaded in the case because he was not the original complainant, but it was V C Perumal who was the Inspector General (Vigilance and Anti-Corruption), Chennai.

Kumar contended that the Antulay verdict cannot be applied in this case as the investigation was initiated on a police complaint, not on private complaint, which Swamy had filed.

He also said that there cannot be, as per laws, two SPPs for the same case as it would lead to chaos.

An apex court bench, headed by Chief Justice H L Dattu, had ordered that the hearing in the High Court on the appeal filed by Jayalalithaa challenging her conviction and sentence in the case, be conducted on a day-to-day basis.
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