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New Delhi:
The Supreme Court Tuesday issued notice to Tamil Nadu Chief
Minister J. Jayalalithaa on a Central Bureau of Investigation
(CBI) petition that challenged the quashing of its FIR and charge
sheets by the Madras High Court in a corruption case against her.
A bench of Justice Altamas Kabir and Justice S.S.Nijjar issued the
notice, returnable in four weeks, after the CBI told it that there
was no delay in the filing of an FIR and the charge sheet in the
case involving 89 demand drafts to the tune of more than Rs.2
crore given to Jayalalithaa on her birthday in 1992.
These drafts were drawn in favour of Jayalalithaa from various
banks in Tamil Nadu in the name of 57 people. Besides this,
another Rs.15 lakh were deposited in cash in the savings bank
account of the AIADMK leader in the Mulapore branch of Canara
Bank. This was shown as a gift by Jayalalithaa in her income tax
returns.
Besides this, Jayalalithaa also received remittance of $300,000 by
way of demand draft dated Dec 23, 1991, issued by Bankers Trust
Company, New York, and drawn on ANZ Grindlays Bank. This was
converted into Indian rupees and deposited in her saving bank
account Jan 22, 1992.
Additional Solicitor General Harin Rawal, appearing for the CBI,
told the court that the high court was wrong in quashing the FIR
and the charge sheet on grounds of "inordinate and unexplained
delay."
Holding that the high court moved on absolutely incorrect basis,
Rawal told the apex court that Jayalalithaa filed her returns on
Nov 23, 1992, and the assessment order to that affect was passed
on March 21, 1995. The Director, Income Tax (Investigation), wrote
to the state chief secretary June 17, 1996, about the matter.
After initial investigation by Tamil Nadu Police, the matter was
handed over to the CBI which re-registered the FIR in the matter
on Aug 10, 1996. The charge sheet was filed on July 31, 2006.
Rawal told the court that the reasons for filing of the charge
sheet in 2006 after the FIR was registered in 1996 were explained
to the high court but it did not accept them. The high court order
quashing the FIR and the charge sheet was passed on Sep 30, 2011.
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