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December 18, 1998
ASSEMBLY POLL '98
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Centre tells SC it has power to transfer Jaya's corruption casesThe Centre on Thursday informed the Supreme Court that it had the powers to transfer the corruption cases against former chief minister of Tamil Nadu, J Jayalalitha, some of her cabinet colleagues, and senior officers from one court to another. It was further stated that this power of the Centre was enshrined in Section 42 (2) of the Prevention of Corruption Act and had to be exercised in consultation with the chief justice of Madras high court. A division bench, comprising Justice G T Nanavati and Justice S P Kurdukar, while recording the assertion of the Centre put forward by Attorney-General Soli J Sorabjee, declined to express any opinion on it. The assertion of the Centre was, however, opposed by counsel for Tamil Nadu, F S Nariman. The matter came up before the court by the way of interlocutory application filed by the Centre and Jayalalitha in a pending special leave petition by the latter challenging the powers of Tamil Nadu government to constitute three special courts to try corruption cases against her, some of her cabinet colleagues and senior officers of her government. In her interlocutory application, which was not pressed, Jayalalitha sought stay of the operation of the state government order dated April 30, 1997 transferring the cases of alleged corruption to three special courts. UNI
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