Search the Internet          Tips

Jaya acquitted in coal import case

N Sathiya Moorthy in Chennai

Special Judge S P Darwesh of the Chennai high court on Wednesday acquitted former Tamil Nadu chief minister J Jayalalithaa in the Rs 65 million coal import scam case.

"The prosecution has failed to prove the accrual of pecuniary benefits to the accused," the judge said, while acquitting all the 11 accused, including the then electricity minister S Kannappan and four senior IAS officers.

Kannapan now has his own party, Tamil Makkal Desam, and is the anti-Jayalalithaa camp.

Besides Jayalalithaa and Kannappan, former chief secretary to Tamil Nadu government T V Venkataraman, former state electricity board chairman N Haribhaskar, former state finance secretary N Narayanan, the then industries secretary C Ramachandran and former electricity board members A J Rajendran, S Ramaswamy, K Nagarajan and B Dhakshinamoorthy.

The case pertains to the alleged irregularities in the import of coal with more ash contents from Australia and Indonesia for use in thermal plants in the state during 1992-93.

Jayalalithaa in her initial reaction to the verdict said that she had again proved that all the cases against her filed by the previous Dravida Munnetra Kazhagam government headed by M Karunanidhi were false and foisted on her.

Reacting to her acquittal at the court premises, she said, "This court had earlier discharged me in this case and the Madras high court had upheld it. But Karunanidhi went to Supreme Court on appeal and despite retrial I have proved that I am innocent."

The verdict clears the decks for Jayalalithaa to contest a by-election to the Tamil Nadu assembly.

Asked whether she would contest from Andipatti to the state assembly, she said, "I will tell about it later."

This is the second major legal victory scored by Jayalalithaa within a month.

On December 4 last, the Chennai high court acquitted her in two TANSI land deal cases and in the Pleasant Stay hotel case.

She stepped down as chief minister on September 21 when the Supreme Court set aside her appointment, quoting Representation of People's Act.

She named O Panneerselvam as successor the same day.

Jayalalithaa had then said that she would come back to power after winning the cases. The appointment of Panneerselvam as chief minister was only a 'temporary arrangement' she had stated.

However, legal troubles may not be entirely over for Jayalalithaa, as DMK legal cell convenor R S Bharathi has since moved the Supreme Court, against the high court acquittal in the two 'Tansi land deal cases'.

He had followed up on Janata Party president Subramanian Swamy in preferring a private complaint before a Chennai session court ahead of the 1996 elections, and had moved the courts for the appointment of a Special Public Prosecutor for arguing the cases in the Madras high court.

He has since cited the disinterest of the AIADMK state government in appealing against the high court verdict, as the reason for moving the Supreme Court.

The petition is likely to be taken up for admissions when the Supreme Court reopens after vacation on January 7.

Swamy, as the original initiator of all proceedings on the TANSI matter, has also expressed his intention to move the Supreme Court.

He also had to move the high court for obtaining a 'certified copy' of Justice Dinakar's verdict, the basic document required while moving the Supreme Court.

Contesting his claims, Jayalalithaa's counsel had argued that his client's interests would be jeopardised if Swamy was given a copy of the judgment, as he was intent on moving the Supreme Court.

However, the court ruled that judgments were 'public documents', and copy needed to be given to anyone who sought it, and paid the required fees.

Though the Supreme Court is not known to stay the operative portion of the high court orders in such cases, some criminal lawyers argue that the Supreme Court ordering notice on the appeal-petitions would entail the acquitted persons to execute a bond in the trial court, which will be operative till the Apex Court disposed of the case.

Such a procedure, in the peculiar circumstances of Jayalalithaa's case, they argue, could amount to restoration of her original 'conviction' by the trial court, and render her disqualified from contesting elections, or assuming chief ministership.

With inputs from PTI

Back to top

Tell us what you think of this report