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Jaya's petition dismissed in Pleasant Stay hotel case

The special judge trying corruption cases during the All India Anna Dravida Munnetra Kazhagam regime on Thursday dismissed a petition filed by former Tamil Nadu chief minister J Jayalalitha, seeking the original files relating to the governor's order to prosecute her in the Pleasant Stay Hotel case.

Special Judge-2 V Radhakrishnan said the file connected with the sanction, dated December 31, 1996, was a privileged document and Jayalalitha was not entitled to peruse it. She was not entitled to cross-examine the witnesses on the basis of this document, he said.

In her petition, Jayalalitha said she was furnished only a copy of the order. So as to effectively cross-examine the witnesses, perusal of the file was essential, she contended.

Since the act of according the sanction in a criminal case was an important aspect, if she was denied perusal of the file, it would cause serious prejudice to her. Further the witnesses may have to be told about the contents of the file, she claimed.

On behalf of the prosecution, it was submitted that there was no legal or other infirmity in the sanction order to warrant the summoning of the file.

The judge said the validity of the sanction had been upheld by the Madras high court.

It was pointed out by the public prosecutor that copies of witnesses' statements and documents relied on by the prosecution, along with the report of the investigating agency, had been submitted to the competent authority. All the copies of documents and statements relied on by the prosecution had been furnished to the accused, the judge said.

UNI

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