Karnataka HC to hear Jayalalitha's bail plea tomorrow
30 September 2014
A special bench of the Karnataka High Court will hear an application moved by jailed former Tamil Nadu chief minister Jayalalithaa tomorrow, giving a big relief to the AIADMK supremo who has been alternating her time between her cell and the prison hospital, to which she was admitted after complaining of dizziness, blurred eyesight and elevated sugar levels.
The decision was taken after Jayalalithaa's lawyers filed a memorandum before the high court seeking speedy hearing in the case.
When the matter came up before the vacation bench this morning as the court is observing Dasara holidays, Chief Justice D H Waghela had allowed the plea. However, public prosecutor in the disproportionate assets case in the Special Court, G Bhavani Singh, told the judge that he had not yet received any official notification appointing him as the SPP for the criminal appeal filed in the high court.
''I have read a report appearing in a daily about my appointment as the SPP to handle the case, but I haven't received any official notification appointing me as the SPP,'' he said.
After the vacation bench of the court adjourned the bail plea this morning to 6 October, Jayalalithaa's lawyers led by Ram Jethmalani approached the court registrar for an urgent hearing in the matter.
The high court then agreed to hear the plea after lawyers sought an urgent hearing in the matter.
Jethmalani is reported to have pleaded for suspending the sentence pending appeal under section 389 of the Criminal Procedure Code and for her release on bail.
Section 389 states that pending any appeal by a convicted person, the appellate court may order that the execution of the sentence or order appealed against be suspended. Also, if the person is in confinement, that he or she be released on bail, or on own bond.
In her bail petition, Jayalalithaa has maintained that the charges of amassing wealth against her were false and that she had acquired property through legal means.
Jayalalitha has contended that the trial court has overlooked several judgements and has not considered the binding nature of various income tax orders and decisions of the Income Tax Appellate Tribunal, which had accepted the income and the level of expenditure pleaded by her.
The former chief minister had earned money by acting in films and bought property through legal means, PTI quoted Jayalalithaa's lawyer Ashokan as saying.