HC tells Small Causes Court not to handle Jaya property case

Chennai, Apr 26 (UNI) Madras High Court today directed Chief Judge of Small Causes Court, Chennai, not to deal with attachment of property case relating to the Rs 66.65 crore disproportionate wealth case, in which Tamil Nadu Chief Minister J Jayalalithaa is prime accused.

Mr Justice M Jeyapaul gave the directive on a petition filed by DMK General Secretary, K Anbazhagan, seeking to stay all further proceedings on the file of Chief Judge, Small Causes Court (CJSCC).

The proceedings related to raising of attachment of properties passed by the CJ, on petions filed by Lex Properties Development Pvt Ltd, Ramraj Agro Mill Pvt Ltd, Signora Enterprises Pvt Ltd, Medos Agro Farm Pvt Ltd and Riverway Agro Products Pvt Ltd.

Mr Anbazhagan said while passing orders on his petition, Supreme Court on November 18, 2003, transferred the wealth case from a Special Court in Chennai to a Special Court in Bangalore. Karnataka Government appointed a Special Public Prosecutor (SPP) to represent the prosecution. As the case and related cases were transferred to the Bangalore Special Court, the CJSCC ceased to have jurisdiction.

There were petitions from five companies for raising the attachment.

There was reasonable apprehension of likelihood of failure of justice in the minds of the people. In any case no officer except the SPP appointed by Karnataka was competent to represent the Directorate of Vigilance and Anti-Corruption (DVAC) in proceedings before CJSCC.

Proceedings before him were taking place without consulting the SPP and the DVAC was colluding with the accused. Grave prejudice and irreparable loss would be caused if proceedings on petitions from the five companies were allowed to proceed before the CJSCC, he said.

The companies said Ms Jayalalithaa, her aide Sasikala Natarajan, her erstwhile foster son V N Sudhakaran and Sasikala's relative J Elavarasi never had any right over the property standing in their names. So, they were entitled to seek raising the attachment.

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