Jayalalithaa's plea for transfer of cases rejected

The Supreme Court stuck to its stand that Tamil Nadu Chief Minister J Jayalalithaa should face trial at Bangalore in two cases against her for allegedly amassing wealth over Rs 64 crore disproportionate to her known sources of income and dismissed her plea to transfer the cases outside Karnataka.

Noting the assurance given by the Karnataka government regarding her security arrangement, a Division Bench comprising Justice SN Variava and Justice HK Sema refused to modify its November 18 order directing transfer of the cases from Chennai to Bangalore and said, "No case is made out for modification of our order."

The Bench dismissed her petition as "devoid of merit" and said in a democratic country like India, justice had been administered impartially by an independent judiciary "regardless of public responses and indifferent to private political or partisan influences".

Reposing faith in the special judge appointed in Bangalore to try the cases against Jayalalithaa, the apex court Bench said, "We have least doubt that the learned judge who has been assigned the job will do well in discharging his divine duty in accordance with law, keeping in mind the above principle in view."

Jayalalithaa, apprehending that she would not get a fair trial at Bangalore, had moved the apex court requesting for transfer of trial to Pondicherry saying a strong anti-Tamil sentiment prevailed in Karnataka because of the tension over sharing of the Cauvery river water.

Referring to the bitter political and legal battle between Tamil Nadu and Karnataka over the Cauvery water sharing issue, the 55-year-old Jayalalithaa said the relations between the states had been further affected during the period of abduction of Kannada matinee idol Raj Kumar by forest brigand Veerappan.

Justice Sema, writing for the Bench, said, "To say the least, the apprehensions with regard to the Cauvery water dispute, forest brigand Veerappan, have got nothing to do with the judicial function of the court."

"At the same time, the security and safety of the applicant and the witnesses are well safeguarded as highlighted in the counter affidavit of the state of Karnataka," he added.

The apex court said it had passed the order on November 18 on a petition from DMK leader K Anbazaghan after hearing counsel for both parties and discussing the issues involved threadbare.

"This court was of the view that it is expedient for the ends of justice that the cases be transferred from Tamil Nadu to Karnataka for trial in accordance with law," it said.

The court in its earlier order had said, "In case any witness asks for protection, Karnataka shall provide protection to that witness."

The Bench said, "In our view, the aforesaid directions have taken care of the security of the witnesses and others."