Jayalalithaa skips appearance before Additional Chief Metropolitan Magistrate

The All India Anna Dravida Munnetra Kazhagam (AIADMK's) Supermo and Tamil Nadu Chief Minister J Jayalalithaa today once again skipped the personal appearance in front of the Additional Chief Metropolitan Magistrate (ACMM) Court, (Economic Offence). The Magistrate posted the matter for the hearing on April 28 and said Jayalalithaa and her friend must appear.

On April 3, while ACMM court ordered Jayalalithaa to appear before it on April 10, even as a Bengaluru court exempted her to be present physically for next hearing due to security reasons.

When the matter came up today, Counsel appearing for "the accused" (as mentioned in the ACMM's Order) filed an application Under section 309. Cr CPC stating a revision petition filed before High Court against the Order by the ACMM Court Under Section 313 (5) for dispensing the personnel appearance before the Court on April 3, 2014 and also filed an application before the Supreme Court seeking of extension of time for completing the trial in this case and they are pending before Courts and the Counsel prayed to adjourn the case for three weeks.

However, public prosecutor opposed to allow the same.

"After hearing argument this Court (ACMM) inclines to allow the petition Under Section 309 Cr.P.C by accused and granted two weeks time for further proceedings. Hence the case is adjourned to April 28, 2014," said in the Order.

The Court also directed both the accused to appear for the hearing on April 28, 2014 without fail.

Background

The Income Tax Department earlier instituted criminal proceedings by filing complaints in 1996 and 1997 against Jayalalithaa and her friend Sasikala Natarajan, for not filing returns in their individual capacity for the assessment year 1993-94. Again in 1997. The Department filed two complaints against Sasi Enterprises and its partners, both, Jayalalaithaa and Sasikala, allegedly failing to file returns for the assessment years 1991-92, 1992-93.

Four complaints have been pending before the ACMM court since then.

Last month the ACMM ordered the personal appearance of Jayalalithaa and Sasikala. When the matter came up for hearing before the ACMM on April 3, petitions were filed by their counsel seeking to dispense with personal appearance of Jayalalithaa and Sasikala. They citied 313 amendment saying, which doesnt say necessarily the accused need to appear in the Court and Sasikala lawyer sough exemption stating health reasons

K Ramasamy, Senior Special Public Prosecutor appeared for Income Tax Department opposed the petitions and said the court should dismiss the petitions and should proceed with next course of action.

Hearing both the sides, the the Magistrate dismissed Jayalalithaa's petition and ordered both Jayalalaithaa and Sasikala to appear during the next hearing, which was scheduled today.

The court had, in its last hearing, in March directed Jayalalithaa and Sasikala to appear before it today for questioning and framing of charges.

In January, the Supreme Court ordered a trial court to prosecute her for not filing the Income Tax returns between 1991 and 1994. The Apex Court also ordered the completion of the trial in the case in four months.