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Jaya went to any extent to save skin: SC

Source: PTI
November 24, 2003 19:41 IST
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The Supreme Court did not let off Tamil Nadu Chief Minister J Jayalalithaa in the Tansi land deal case without passing severe strictures against her.

Keeping in view the code of conduct adopted by the Tamil Nadu government banning the chief minister and ministers from acquiring government property, a bench comprising Justice S Rajendra Babu and Justice P V Reddi wondered, "In matters of such nature, is the code of conduct meant only to be kept as an ornamental relic in a museum but not to practised?"

"These aspects do worry our conscience. Jayalalithaa, in her anxiety to save her skin, went to any length even to deny her signature on documents, which her auditor and other government officials identified," the bench said.

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The apex court said that criminal law was meant to deal with criminals ordinarily, while code of conduct was observed as gentlemen's agreement.

"Persons in public life, who are gentlemen, follow such a code instead of taking escape routes by resorting to technical pleas as arise in criminal cases," the bench said.

Writing for the bench, Justice Babu observed, "Persons in public life are expected to maintain very high standards of probity and, particularly, when there is likely to be even least bit of conflict of interest between the office one holds and the acts to be done by such person, ought to deist himself from indulging in the same."

Highlights of the judgement:

  • Jayalalithaa not guilty of offences under Section 169 of Indian Penal Code barring public servants from bidding for government properties.
  • Sashikala and others not guilty of abetment charge.
  • Jayalalithaa not guilty of breach of trust charge.
  • Evidence does not establish the ingredient of dishonest disposal or conversion of property for personal use.
  • None of the offences charged against the accused are established.
  • Though not guilty, ready government approval was given to the sale of TANSI land to a firm of which ChiefMinister Jayalalithaa was a partner
  • Can there be a law for small officials of the government and another for the chief minister?
  • Is the code of conduct meant only to be kept as an ornamental relic' in a museum but not to be practised?
  • Jayalalithaa to save her skin went to any length even to deny her signature on documents which her auditor and other government officials identified.
  • Return the property to Tansi unconditionally and ponder over whether it was right to breach the spirit of the code of conduct giving rise to suspicion.
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