CBI might file chargesheet against Jayalalithaa

Chennai, Jun 26: The Central Bureau of Investigation (CBI) is likely to file a chargesheet against former Chief Minister J Jayalalithaa, next week, after obtaining permission from the Tamil Nadu Assembly Speaker, in the case relating to receipt of gifts worth Rs two crore by her on the occasion of her birthday.

CBI sources here said a Delhi-based Superintendent of Police from the agency, had handed over a letter and a 180-page report, giving details of the investigation done by the agency in the case, to the Speaker's secretary here on June 23, and sought permission to file the chargesheet.

As the Supreme court, in the ''Narasimha Rao Vs Union Government'' case, in 1998 had said that permission was required from the Speaker of the State Legislatures and Parliament to file chargesheet against MLAs and MPs, the CBI had sent the necessary papers to the Speaker's office for permission. ''We are likely to get the permission within a week and the CBI office here will file the chargesheet during the first week of July at the CBI Special court here,'' the sources added.

Before granting permission, Speaker R Avudaiappan is likely to consult and obtain legal opinion from Advocate General, the sources said.

Clarifying that the CBI was only seeking permission and not sanction, the sources said no sanction was required as the CBI had already completed the investigation in the case. The agency was only seeking permission as Ms Jayalalithaa, representing Andipatti in the state Assembly, happened to be a public servant, they added.

The case was registered against the former Chief Minister in 1996, after the DMK came to power under the Prevention of Corruption Act, on a complaint by Director General (Investigations) of Income Tax, relating to gifts allegedly received by her. The case was later transferred to the CBI, which, after a detailed investigation found that Ms Jayalalithaa had received 89 demand drafts for Rs two crore, purchased in the names of 57 people besides Rs 15 lakh in cash.

Though the CBI had taken up the case in 1996, it could complete the probe only last year, as part of the investigations had to be carried out in London and United States of America (USA), the sources said.

State Director General of Police (DGP) D Mukherjee, while heading the CBI, himself had gone to both these countries and investigated the case.

The CBI could not seek permission for filing chargesheet when Ms Jayalalithaa was in power last year, as the agency wanted to complete other formalities like obtaining legal opinion from Attorney General of India, the sources added.

The CBI case was that Ms Jayalalithaa had committed an offence under section 11 of the Prevention of Corruption Act, by allegedly accepting the DDs and cash as ''considertion'' from people, with whom, she had official transactions, while holding the office of Chief Minister.

UNI