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February 16, 1999

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Special judge rejects Jaya's memo

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Special Judge V Radhakrishnan today rejected a memo filed by former Tamil Nadu chief minister and All-India Anna Dravida Munnetra Kazhagam general secretary J Jayalalitha, questioning his jurisdiction to proceed with the Pleasant Stay Hotel case against her and four others.

Jayalalitha had cited in the memo the Tamil Nadu government's submission before the Supreme Court yesterday that it intends to challenge the notification reallocating the corruption cases pending before the three special judges to the sessions courts.

The judge rejected the memo and held that the court is entitled to proceed with the case as no higher court has ordered a stay. Hence, Jayalalitha's claim that his court does not have the jurisdiction to proceed with the case was without force, he said.

The judge pointed out that pending before the Supreme Court were a batch of special leave petitions against the high court ruling that the appointment of judges to the special courts and allocation of work to the three special judges was valid.

It appears the apex court is not inclined to grant a stay on the proceedings before the special judges, he said.

Judge Radhakrishnan said he has already held that the Centre's notification has no legal force, and went ahead with the trial, examining three witnesses, including former Dindigul collector Ramesh Ram Mishra.

UNI

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