No stay on Jaya's trial: SC

NEW DELHI, Nov 26 (PTI) — The Supreme Court today cleared the decks for the commencement of the full-fledged trial of AIADMK supremo Jayalalitha, some of her erstwhile cabinet colleagues and senior bureaucrats in certain corruption cases by three Chennai special courts.

A Division Bench comprising Mr Justice M K Mukherjee and Mr Justice S P Kurdukar outrightly refused to stay the trial while issuing notice to the Tamil Nadu Government and the Union Government to be served within six weeks.

"We will not stay the proceedings before the special courts on any grounds," the Bench said, and added that "let it be understood that the interim stay (sought by Ms Jayalalitha and others) is refused."

To further clarify any doubts in the minds of the presiding officers of the three special courts constituted especially to try 46 corruption cases against Ms Jayalalitha and others, the Bench said. "It is reiterated that issuance of the notice will not amount to the stay of any of the proceedings before the special courts."

The apex court, while hearing the petitions filed by Ms Jayalalitha and others challenging the constitution of the special courts, had on November 6 passed an interim order valid till November 26 that the proceedings before the special courts would not go beyond the stage of framing of charges against the accused.

Appearing for Ms Jayalalitha, senior advocate P P Rao contended that the Tamil Nadu Government had on April 16, 1997, constituted 28 special courts to try cases under the Prevention of Corruption Act, including seven at Chennai.

However, the government on the very next day came out with another notification constituting three more special courts to try cases against the former Chief Minister which amounted to "picking and choosing cases" to harass Ms Jayalalitha, he added.

The court repeatedly asked Mr Rao as to how Ms Jayalalitha stood discriminated as the three special courts would hear the matter as per law in the absence of her apprehension that she might not get a fair trial from these three special courts.

The Madras High Court on November 3 had dismissed the petition of Ms Jayalalitha challenging the constitutional validity of the state government notification setting up three additional courts to try cases against Ms Jayalalitha.

Ms Jayalalitha faces six corruption cases of which the courts have framed charges in three. The anti-corruption courts set up under the Prevention of Corruption Act are trying 47 cases against Ms Jayalalitha, some of her erstwhile cabinet colleagues and IAS officers.

Ms Jayalalitha in her SLP has said that the constitution of the three special courts to try cases against her vitiated the right to equality guaranteed under Article 14 of the Constitution and represented the vindictive attitude of the Karunanidhi Government against her.

All cases relate to various corrupt practices allegedly indulged in by her during her chief ministership between 1991-96.

The Madras High Court had held that prima facie corruption charges existed against her and some of her former ministerial colleagues and asked them to face "criminal prosecution" while dismissing Ms Jayalalitha’s contention that this was an attempt by the Karunanidhi Government to "politically annihilate" her.

Rather, it was an "attempt (by petitioners) to justify their past omissions and to wriggle out of the situation in which they have been placed," a Division Bench comprising Mr Justice M S Liberhan and Mr Justice E Padmanabhan had observed in their 678-page judgement.

The judges said there was no mala fide intention on the part of the Tamil Nadu Government in appointing special judges.