Jaya cases
Govt tinkered with judicial process: Jethmalani
Tribune News Service

NEW DELHI, April 19 — In a startling revelation, the Minister of Urban Affairs and Employment, Mr Ram Jethmalani today accused the Vajpayee government of "tinkering with the judicial system and subversion of the entire judicial system" by getting the cases of the AIADMK chief, Ms Jayalalitha transferred "from competent courts to the courts selected by the accused".

Addressing mediapersons at a specially convened press conference at his residence, Mr Jethmalani said "the government had been persuaded to issue a notification which had the effect of transferring partly-heard cases from competent courts to those selected by the accused. This was an act of appeasement, different from the previous ones.

Mr Jethmalani, who claimed that he had tendered his resignation from the Union Council of Ministers on April 9 on the issue, said: "The Cabinet knew nothing of the notification or its sinister implications. It was a smooth clandestine operation at least so far I am concerned. I advised my colleagues that this notification must be withdrawn and the withdrawal reported to the Supreme Court".

"I regret this was not done. On April 9 I tendered my resignation to the Prime Minister but it was not accepted and I was told not to tell the press", the minister said, adding that he no longer felt obliged to this directive.

Without naming the former Law Minister, Mr Thambi Durai, for getting the cases transferred, Mr Jethmalani said the Prime Minister, was innocent and was willing to accommodate anyone.

Stating that everyone was innocent until pronounced guilty by the court, Mr Jethmalani said: "But no accused has a right to slow motion justice or select his or her own courts."

"What is sickening is her constant threats to bring down the government that is prosecuting her. And now the Congress has allowed an undertrial accused to stage a royal procession in the Capital, make vulgar display of her wealth and even pose to be a king-maker and even a potential Prime Minister", Mr Jethmalani said in a written statement.

"What damage this will do to the morale of witnesses who are to depose against her, humble public prosecutors doing their duty as ministers of justice and even judges who are to preside at her trials?", asked the minister.

Stressing that "by this conduct she had forfeited her right to remain on bail, Mr Jethmalani said "she must be locked up and her trials must proceed from day-to-day by judges who cannot be intimidated and by prosecutors who are not impressed by her wealth".

" I hope the Supreme Court will rise to its fullest stature and stop this daily mockery of the judicial process", Mr Jethmalani said, adding that "bail has been cancelled in the past for lesser misconduct".

Appealing to the Congressmen not to become a party to the subversion of justice, Mr Jethmalani asked if "it is not a matter of deep significance that the Congress has not attacked the Vajpayee government for this mala fide and illegal notification".

"I smell a deeper conspiracy", he added.

"Ever since I became a minister I have entertained serious misgivings about the manner in which Ms Jayalalitha and her new found agent were being handled. I strongly disapproved of good men like Mr Jaswant Singh, Mr George Fernandes and some others being spent to mollify her. I feel we were only inflating her ego and feeding her propensity for blackmail. But I accepted Cabinet discipline and the superiority of my Prime Minister’s wisdom. My patience finally broke down early this month when I read in the newspapers about the proceedings in the Supreme Court. I sent for the papers from a Supreme Court advocate appearing in the case."

Mr Jethmalani said he had warned the Congress President, Ms Sonia Gandhi, about Ms Jayalalitha and Dr Subramanian Swamy in a letter to her.

"I thought Ms Sonia Gandhi will maintain her dignified composure. Many days ago I wrote her a letter. She did not reply, but I got the signal that she would act on the advice it contained. I realise I got the signal wrong. She has not been able to resist the Jayalalitha bait. I warn her she will in no time fritter away the sympathy and goodwill she has created since her husband’s unfortunate death. The power hungry surrounding her will ensure that sorry fate".

HC directive to Jaya on appraisal of jewels

CHENNAI, April 19 (UNI) — The Madras High Court today directed former Tamil Nadu Chief Minister J. Jayalalitha and her close aide Sasikala to file a fresh petition seeking to permit an authorised valuer under the Wealth Tax Act to appraise their jewels and other valuables seized and kept in the Reserve Bank of India in connection with the Rs 66.65 crore disproportionate wealth case, to enable them to file their wealth tax returns.

They sought the permission following the refusal of the Wealth Tax Department to accept the valuation certificate given by the Customs Appraiser.

Mr Justice B. Akbar Basha Kadri passed the order on the revision petitions filed by Ms Jayalalitha and Sasikala, against the order of Special Judge S. Sambandam, dismissing their petitions.

It may be recalled that during the course of investigation, the Directorate of Vigilance and Anti-Corruption, which is probing the case, searched the residence of Ms Jayalalitha and seized gold jewels and silver articles and kept them in the safe custody of the RBI.

On behalf of the DVAC, it was submitted that the Customs Department Appraiser had valued the jewels twice. The petitioners could file their returns based on the valuation done by the Customs Appraiser. As the jewels were in the RBI, the revaluation may cause administrative problems, inconvenience and expenditure.

The judge said the Special Judge had not passed any adverse order against the petitioners, he merely directed them to submit their wealth tax returns based on the valuation done by the Customs Appraiser and in the event of the wealth tax authority refusing to accept the same, then they could approach him for appraisal of the jewels by an appraiser approved by the Wealth Tax Department.

The petitioners had stated that the department was refusing to accept the valuation certificate given by the Customs Appraiser. Hence, they were directed to approach the trial court for further remedy. In that event, the trial court would dispose of the petitions in 10 days, the judge added.