Jaya case posted to August 1

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Jayalalithaa
Bangalore, Jul 27: A Special Court today (Jul 27) posted to August 1, hearing of two applications filed by Tamil Nadu Chief Minister Jayalalithaa, seeking exemption from personal appearance and that she be allowed to make a written submission in the disproportionate case against her.

She had also sought provision of video conferencing if both of these were not possible.

When the matter came up before Special Court Judge B M Mallikarjunaiah, he adjourned hearing to August 1 as arguments by Jayalalithaa's senior counsel B Kumar on the applications remained inconclusive.

Kumar dwelt on the application filed under Section 313 (5) of CrPC, on entitlement of the accused to file a written statement instead of personally appearing in court and answering questions.

He submitted that as per a provision introduced under Section 313(5) of CrPC in 2008, which came into effect from December 31, 2009, an accused is entitled to file a written statement and need not appear personally to answer questions under Section 313 of CrPC (power to examine the accused).

During the hearing, second accused Sasikala, Jayalalithaa's close aide and fourth accused Ilavarasi were present.

The other application filed by Jayalalithaa under Section 313 (1) of the CrPC, to permit her to depose through video conference will come up for arguments on August 1, once Kumar concludes his application filed under Section 313(5) of CrPC.

In all, three applications were filed by the petitioner, including one citing amendment to Section 313 CrPC in 2008, under which personal appearance of the accused may be dispensed with.

PTI

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