‘Frame Jaya’ phone tap leak case gains momentum as state appoints special prosecutor

C Shivakumar

Chennai:

In a sudden twist of events, the phone tapping case during the DMK regime has gained momentum with AIADMK government appointing a special public prosecutor to conduct the CB-CID case.

Interestingly, the tapes which were leaked by A Shankar, a Special Assistant in the Directorate of Vigilance and Anti-Corruption, to the media had former chief secretary L K Tripathy instructing the then Directorate of Vigilance and Anti-Corruption chief S K Upadhyay to explore the possibilities of making out a cognizable case against Jayalalitha, in her purchasing the Kodanadu estate. 

Surprisingly, the state government has appointed A N Thambidurai, an advocate in the Madras High Court as the Special Public Prosecutor to conduct the case.

Confirming his appointment as special public prosecutor, Thambidurai said that two days ago he received the Government order. “I am going through the records. I have fixed an appointment order with Investigating officer CB-CID Cyber Crime Cell DSP Arvindhan. When Express contacted Arvindhan, he refused to comment but added it is an old case.

The leaked tapes resulted in the arrest of A Shankar in July 2008 following the recommendation of the P Shanmugam Commission of Inquiry, which was constituted to probe the leakage of conversation between Upadhyay and L K Tripathy.

Shankar told Express the state apparatus then allegedly used third degree methods while he was in CB-CID custody to implicate certain senior officers.   Besides the criminal case, Shankar was slapped with five disciplinary proceedings for various counts. After investigation the CB-CID filed charge sheet and senior counsel N R Elango was appointed as the Special Public Prosecutor.  While the trial was in progress, the result of assembly elections made N R Elango resign from his post.  “It was based on tenure till the government lasted. If the new government wanted me to continue, I would have continued,” said Elango while refusing to make any further comments. Interestingly, in only cases of importance, a special prosecutor is appointed, say legal sources.

The move of the government has raised many eyebrows as the leakage of the conversation had only revealed the DMK government’s intention to implicate Chief Minister Jayalalithaa in a corruption case.  

 Interestingly, after the new government was sworn in, based on the complaint given by Shankar on May18, DVAC registered a criminal case against former Intelligence Chief Jaffer Sait for irregularities GDQ and subsequently entering into a commercial venture.

“When there is a public prosecutor why they are appointing special public prosecutor,” said Shankar’s counsel Raja Senthoorpandian.

Interestingly, in this case former chief secretary Malathi who was complainant in the case wass not examined in the court. She has given a letter stating that this should not be treated as prosecution document. However, the letter has been treated as FIR,” said Senthoorpandian