The Madras High Court today set aside the forex law violation charges against AIADMK (Amma) leader T T V Dhinakaran in an over two-decade old case, but asked him to put forth his argument against the charges in the case before the trial court in just "one working day."
Justice M S Ramesh gave the reprieve to Dhinakaran and set aside the trial court order against him on his plea that the Economic Offences Court on April 19 last had framed charges against him in the Foreign Exchange Regulation Act case without giving him any opportunity to defend himself.
The judge asked the trial court to hear Dhinakaran's arguments and gave the AIADMK (Amma) leader just "one working day" to put forth his argument against framing of charges in the case filed against him by the Enforcement Directorate.
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"The petitioner is permitted to put forth his arguments... Such an exercise shall be completed within one working day and such date shall be fixed by the learned Additional Chief Metropolitan Magistrate (E.O.) on or before July 31, 2017," the judge said directing completion of the trial within three months.
Justice Ramesh had on July 7 granted an interim stay on all further proceedings in the EO court against Dhinakaran.
Later on July 17, he had reserved orders on the petition a day after the ED had opposed the stay contending that ample opportunities were given to Dhinakaran in the case which was pending for the past 21 years. It had sought dismissal of Dhinakaran's petition.
Pronouncing his order today, Justice Ramesh directed the additional chief metropolitan magistrate (EO) to fix any one day before July 31 to enable Dhinakaran put forth his arguments.
He noted that framing of charges was an important event in the trial of warrant cases and it can be seen that the petitioner had sought only a day's time for making his arguments, but it was denied and the court went ahead with the process on April 19.
The prosecution had submitted its arguments on April 10 and the magistrate had rejected the petitioner's request for adjournment and expressed his opinion that a prima-facie case was made out for framing of charges, he said.
"In my considered view, one day adjournment could not have caused grave miscarriage of justice but on the other hand, would have extended an opportunity of hearing to petitioner.
"It is needless to mention that no prejudice would be caused to the prosecution if the petitioner was permitted to put forth his argument within a stipulated time limit of one day alone," the judge ruled.
Justice Ramesh directed the trial court to conclude the main proceedings, within three months from the date of receipt of his order and if need be, on a day-to-day basis.
As per the ED, as the sole director of M/s Dipper Investments Limited Company incorporated in the British Virgin Islands, Dhinakaran had transferred over USD 10 million without RBI permission.
A total of six charges were framed against Dhinakaran for alleged violation of various sections of now defunct FERA.
Though registered in 1996, the ED could not proceed ahead with the case due to several rounds of litigation.
Dhinakaran was earlier discharged from the case, but onFebruary 1this year, Justice G Chockalingam of the high court had allowed an ED's revision petition challenging the lower court order.
It paved the way for resumption of the case and led to framing of charges, a step done after a court finds sufficient prima facie evidence against an accused to put him on formal trial.
Incidentally, the Supreme Court had on July 21 dismissed a petition by Dhinakaran challenging the February 1 high court order, paving the way for his trial.
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