New Delhi, Feb 21: The Supreme Court Tuesday issued notice to Tamil Nadu Chief Minister J. Jayalalithaa on a Central Bureau of Investigation (CBI) petition that challenged the quashing of its FIR and charge sheets by the Madras High Court in a corruption case against her.
A bench of Justice Altamas Kabir and Justice S.S.Nijjar issued the notice, returnable in four weeks, after the CBI told it that there was no delay in the filing of an FIR and the charge sheet in the case involving 89 demand drafts to the tune of more than Rs.2 crore given to Jayalalithaa on her birthday in 1992.
These drafts were drawn in favour of Jayalalithaa from various banks in Tamil Nadu in the name of 57 people. Besides this, another Rs.15 lakh were deposited in cash in the savings bank account of the AIADMK leader in the Mulapore branch of Canara Bank. This was shown as a gift by Jayalalithaa in her income tax returns.
Besides this, Jayalalithaa also received remittance of $300,000 by way of demand draft dated Dec 23, 1991, issued by Bankers Trust Company, New York, and drawn on ANZ Grindlays Bank. This was converted into Indian rupees and deposited in her saving bank account Jan 22, 1992.
Additional Solicitor General Harin Rawal, appearing for the CBI, told the court that the high court was wrong in quashing the FIR and the charge sheet on grounds of "inordinate and unexplained delay."
Holding that the high court moved on absolutely incorrect basis, Rawal told the apex court that Jayalalithaa filed her returns on Nov 23, 1992, and the assessment order to that affect was passed on March 21, 1995. The Director, Income Tax (Investigation), wrote to the state chief secretary June 17, 1996, about the matter.
After initial investigation by Tamil Nadu Police, the matter was handed over to the CBI which re-registered the FIR in the matter on Aug 10, 1996. The charge sheet was filed on July 31, 2006.
Rawal told the court that the reasons for filing of the charge sheet in 2006 after the FIR was registered in 1996 were explained to the high court but it did not accept them. The high court order quashing the FIR and the charge sheet was passed on Sep 30, 2011.