HC quashes Rs 2 crore gift case against Jaya

CHENNAI: The case against Chief Minister J Jayalalithaa for accepting `2 crore in demand drafts given to her as birthday gifts in 1992, in which her erstwhile cabinet colleagues K A Sengottaiyan and Azhagu Thirunavukkarasu are also named, was quashed by the Madras High Court on Friday.The case had been pending for 14 years before the Special Court for CBI cases in the city.Spelling out the ruling, Justice K N Basha observed that there was an inordinate and unexplained delay of over 14 years, which had infringed the Constitutional right of the accused.The incident took place in 1992 when Jayalalithaa celebrated her birthday, the FIR registered on October 2, 1996, and the final report filed on July 31, 2006. The judge observed that the 10-year delay in completing investigations and filing the final report, without any explanation from the prosecution, had rendered the entire proceedings invalid.“If the factual scenario in the instant case, coupled with the sequence of events resulting in inordinate and unexplained delay in completing the investigation, was tested on the touchstone of the principles enumerated by the Supreme Court, this court has no hesitation to hold that the petitioner’s Constitutional right to speedy trial enshrined under Article 21 of the Constitution stands flagrantly violated,” the judge observed.The prosecution miserably failed to show any exceptional circumstances which would possibly be taken into consideration for condoning the callous and inordinate delay. It was needless to state that the delay would not only amount to denial of justice, but also result in serious miscarriage of justice apart from causing grave prejudice to the petitioners, the judge pointed out.“There is absolutely no justification for subjecting the first petitioner (Jaya) to undergo the ordeal of trial after the inordinate delay and further continuance of the criminal proceedings pending against her would certainly amount to abuse of the process of the court,” the judge added and set aside the order dated April 12 this year of the Special Court for CBI Cases rejecting her plea for discharge from the case and quashed the entire proceedings.