A city magistrate court on Thursday dispensed with the appearance of Chief Minister Jayalalithaa and her close aide Sasikala for the last time in the income tax cases but ordered their appearance, without fail, on October 1.
The Additional Chief Metropolitan Magistrate, Economic Offences-I, R. Dakshinamurthy, passed the order when the four income tax cases — two of which pertain to Ms. Jayalalithaa and Ms. Sasikala and two others against them as partners of Sasi Enterprises for their alleged failure to file returns in the early 1990s — came up for hearing.
On June 3 last, the trial court ordered the accused to appear on June 9 without fail. As they were absent, counsel filed petitions to dispense with their appearance. Defence counsel S. Senthil filed a petition stating that the compounding applications filed by Ms. Jayalalithaa and Ms. Sasikala were pending with the I-T Department. So, he requested the court not to go ahead with the trial until they were decided on merit. In view of this, the appearance might be dispensed with for the day.
Opposing the request, the Senior Special Public Prosecutor for I-T cases, K. Ramasamy, filed a counter that trial had not commenced at all pursuant to the Supreme Court order. In the absence of any directive from the Supreme Court, it was mandatory to obey its order scrupulously. Any failure to do so might amount to disrespecting the court.
Saying “we are answerable to the Supreme Court,” Mr. Dakshinamurthy asked counsel again whether there was a specific bar on the trial when the compounding applications were pending.
Mr. Senthil in a memo urged counsel for the I-T Department to file the ‘Prosecution Manual’ to clarify the procedure for the compounding applications.
A. Navaneethakrishnan, another defence lawyer, said that when the Supreme Court passed the order, the compounding applications were not filed. Hence, given the changed circumstances, the trial court could use its discretionary powers and adjourn the matter.
In his order, Mr. Dakshinamurthy said he was dispensing with the personal appearance of the accused for the last time and adjourned the cases to October 1.
