Wednesday, December 21, 2011

Jaya was framed in London Hotel case



By C Shivakumar

CHENNAI:  Former Tamil Nadu chief minister J Jayalalithaa would have
been absolved in the London Hotel case, but it was, after all, a
chargesheet lacking in clear evidence that led to her implication in
the case, according to a source close to the investigation.

Initial investigations had, the source said, at one stage cleared the
AIADMK supremo of the charges in the case, but the “powers-that-be
refused to accept this conclusion”. This led to the transfer of the
investigation of the case to another official, and it took only 15
days for the Department of Vigilance and Anti-Corruption to file the
chargesheet, the source revealed.

The investigating team comprised top police officers, including then
DVAC SP N Nallama Naidu and some lawyers. The team probed certain
foreign transactions allegedly made by Jayalalitha, her confidante
Sasikala and disowned foster son V N Sudhakaran, between 1991 and
1996. Nallamma got five to six extensions. Most of the cases were
registered between 1997-2001 period.

After nine long years, the case has come full circle and the
government recently chose to withdraw the prosecution. “It is clear
that the DVAC is being used to settle political scores,” the source
says. “Senior civil servants are manipulating this to their
advantage.”

“The case was too weak,” noted another source, adding there was “no
prima facie evidence.” He said it was ironical that while Britain’s
Serious Fraud Office was investigating the case, a special team set up
for an ostensible overseas investigation included a public prosecutor
who enjoyed the benefits of an investigating officer. This was “in
clear violation of procedure”.

“After registering the case, the trial court should have been
requested by the investigating agencies to the Serious Fraud Office in
UK through Ministry of External Affairs under section 166 of Criminal
Procedure Code but they have not done that,” he added.

“The materials collected in other cases relating to FERA (Foreign
Exchange Regulations Act) violations were portrayed as evidence
without any application of mind,” said the source.

Again, the irony is Nallama retired in 2001 when the Jayalalithaa
government took over. However, he resurfaced again in 2006 as
Superintendent of Police and is till in office.
“He mislead the government,” the source said, “but he is being
honoured. During the last three years he has done no constructive
work. His appointment causes loss of several lakhs of rupees to
government exchequer. And thereby it is a violation under Prevention
of Corruption Act, 1998.”

“If a former chief minister is subjected to false cases, what would
happen to a common man,” he wondered.

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