TN Speaker must appear before trial court: SC Wednesday, March 30 2005 19:22 Hrs (IST) - World Time -
New Delhi:
In what could be an embarrassment to the AIADMK (All India Anna Dravida Munnetra Kazhagam) Government, the Supreme Court today (Mar 30, 2005) upheld a Madras High Court order asking Tamil Nadu Assembly Speaker K Kalimuthu to appear before a Chennai trial court in the Robin Mayne bank loan scam case filed against him by the CBI.
A Bench comprising Justice Arijit Pasyat and Justice S H Kapadia, while disposing of the Speaker's appeal, said: "We do not find any infirmity in the judgment of the High Court."
Taking into account the fact that the chargesheet in the matter was filed nearly two decades before, the Bench said the trial court would do well to decide the matter expeditiously.
The case relates to directions allegedly given by Kalimuthu in 1983, as Agriculture Minister of the State, to nationalised banks to advance vehicle loans to the main accused Robin Mayne totalling to Rs 56 lakh.
The Speaker had contended before the trial court that as CBI had not obtained proper sanction for his prosecution in the case, the court could not take cognisance of the charges filed against him.
The trial court had upheld his contentions but the High Court on March 31 last year had reversed the trial court order and directed Kalimuthu to appear before the trial court on
April 16, 2004.
The apex Court, which had dispensed with the personal appearance of the Speaker before the trial Court from April 13 last year till date, today upheld the High Court order saying the Speaker could raise argue the issue of improper sanction obtained by CBI for his prosecution before the trial court.