A Special Court in Bangalore on Friday refused to exempt Tamil Nadu Chief Minister Jayalalithaa from personal appearance for recording her statement in the disproportionate assets case.
B.M. Mallikarjunaiah, Judge, Special Court, and 36th Additional City Civil and Sessions Court, rejected two separate pleas by Ms. Jayalalithaa seeking permission to answer the court's questions under Section 313 of the Code of Criminal Procedure (Cr.PC) by way of written statement or through videoconferencing.
The court said that the reasons cited by her were not valid grounds to grant exemption. It relied on the Supreme Court observation in its verdict transferring the case to Bangalore: “Be you ever so high, the law is above you.” It pointed out that the Supreme Court, in its 2003 order, had directed that Ms. Jayalalithaa had to be present personally to answer questions.
Ms. Jayalalithaa had stated that she was shouldering onerous responsibility as Chief Minister, besides pointing out that her programmes, including meetings with dignitaries, were fixed much earlier, and she “hardly has an hour of free time left during the course of a single working day.”
She had sought permission to answer the court's questions through a written statement under Section 313 (5) of the Cr.PC, which was introduced in 2009 (after the trial was transferred to Bangalore) claiming the amendment provided choice to the accused to either appear in person or submit a written statement to answer court's queries under Section 313.
The Special Court said the amendment had not given any option to the accused to choose to either appear in person or submit a written statement. On the plea for recording statement through videoconference, it said there was no such provision under Section 313.
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