New Delhi, May 11 (Inditop.com) The Supreme Court Tuesday dismissed as withdrawn a petition by former Tamil Nadu chief minister J. Jayalalithaa in a disproportionate assets case against her which is being heard by a special court in Bangalore.
The apex court bench of Justice B. Sudarshan Reddy and Justice Surinder Singh Nijjar dismissed the petition as withdrawn after senior counsel Mukul Rohtagi told the court that under the Prevention of Corruption Act, 1988, the investigating officer was not competent to investigate the disproportionate assets case against him.
Jayalalithaa in her petition before the Supreme Court had said that the initiation of proceedings against her under the Prevention of Corruption Act was nothing but a “tool of harassment”.
The AIADMK supremo had challenged the orders of the special court, Bangalore, rejecting her application for discharge on the basis of “patently erroneous legal and factual considerations” on which the case was instituted against her.
Jayalalithaa is facing trial before a special court in which she is accused of possessing moveable and immoveable properties beyond the known sources of her income. The disproportionate assets case against Jayalalithaa was registered Sep 19, 1996.
The informant in Jayalalithaa’s case was V.C. Perumal who was the inspector general, vigilance and anti-corruption, Chennai. Perumal had registered the FIR and therein itself directed one N. Nallamma Naidu to investigate the case.
Jayalalithaa in her petition said Perumal assumed the three roles all at a time – that of the complainant, station house officer and further directed Nallamma Naidu to conduct the investigations.
Jayalalithaa’s petition said under Section 17 of the Prevention of Corruption Act, 1988, no police officer below the rank of inspector under the Delhi Police Special Establishment Act or assistant commissioner of police in metropolitan cities or deputy superintendent of police elsewhere was competent to investigate the cases.
The petition said in case where an officer wanted to entrust investigation to a lower rank officer then he should satisfy that there were sufficient reasons to undertake the investigation and entrust the same to an officer of a lower rank.
The petition said that as per law the reasons should also be recorded. Jayalalithaa contended that Perumal handed over the investigation to Nallamma Naidu mechanically without “any application of mind”.
