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Supreme Court issues notices to Jaya, TN Govt on TANSI case

The Supreme Court on Tuesday issued notices to All India Anna Dravida Munnetra Kazhagam chief J Jayalalithaa and Tamil Nadu government on three petitions challenging the Madras high court order acquitting her of all corruption charges in acquiring TANSI land, but refused to stay the acquittal order.

While issuing notice to the other accused in the case, including her aide N Sasikala, a bench comprising Justice K T Thomas and Justice S N Phukan refused to stay the December 4 acquittal order of the high court.

The high court order allows her to contest the byelection from Andipatti assembly seat.

After being satisfied with the locus standi of advocate and Dravida Munnetra Kazhagam activist R Sai Bharathi in the case, and keeping in view that the state government has not filed any appeal against the high court order, the bench admitted the petition and gave liberty to the petitioner to mention the matter before the Chief Justice for early hearing of the case.

The court also issued notices to accused in the case R Karpoorasundarapandian, T R Srinivasan and S Nagarajan, where it was alleged by the prosecution that Jayalalithaa while being the chief minister acquired state-owned TANSI property at a lower price causing loss to the government.

When counsel for Bharathi, senior advocate F S Nariman, sought stay of the order of the high court order, the bench said, "Though normally we stay such orders of acquittal and ask the accused to surrender, it will not be necessary in this case."

It also refused to stay the high court judgment without affecting her acquittal saying "If the judgment is stayed, the conviction would be revived."

On another petition filed by Janata Party president Subramanian Swamy challenging her acquittal, the bench refused to pass separate order, but directed it to be tagged along with the main petition filed by Sai Bharathi and allowed Swamy to address arguments before the court during the final hearing of the matter.

Referring to his stay application, he said as the court was not inclined to stay the Madras high court judgment it should restrain her from occupying high public posts during the pendency of the petitions before the Apex Court.

The bench, rejecting the prayer, said, "That is not part of the duty of a criminal court".

After hearing the response of the court, Swamy said he would not press his stay application.

When Nariman sought a specific date for the detailed hearing of the petitions, the bench said the petitioners had the liberty to mention the matter before the Chief Justice for fixing of an early date for hearing of the same.

The high court on December 4 had acquitted J Jayalalithaa of all corruption charges in two TANSI cases.

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