Monday, April 18 2005 16:27 Hrs (IST) - World Time -

Bangalore: After pulling up the defence advocates in the Rs 66.65 crore "disproportionate wealth case" against Tamil Nadu Chief Minister J Jayalalithaa, the Special Court today (Apr 18, 2005) adjourned hearing to May 9 with a warning that the accused cannot remain absent from proceedings without sufficient grounds.

The defence advocates submitted that N Jothi, key counsel for Jayalalithaa, is not well, has been hospitalised and is not in a position to give "instructions', a contention rejected by Judge A S Pachchpure, who said it cannot be grounds for posting the matter to another date.

"Other advocates can argue the case," the Judge observed, insisting that he would not adjourn the matter, and posted it to be heard at 3 pm.

When the court reassembled, defence advocates submitted that Jayalalithaa has clearly told them that only Jothi can argue her case. Jothi, they said, had been arguing her case all along and would be discharged only on Saturday, adding, the matter can be posted any day from Monday next.

The Judge was clearly not in favour of awarding any adjournment in the morning. But in the afternoon, the defence advocates repeatedly pleaded for adjournment, saying the Judge should give them "last chance" and they would not seek any further adjournment and were even ready for day-to-day hearings.

The Judge is going on leave from April 25, and he posted the matter for further hearing on May 9. The Court warned that application seeking exemption from personal appearance need to be on sufficient grounds. "Otherwise, you must face consequences".

The proceedings in the afternoon were not without some light moments.

Defence advocates initially submitted an application by Jayalalithaa seeking exemption from personal appearance citing the absence of Jothi because of ill-health, and then in the afternoon blamed it on a "Junior" man for the "mistake" and amended it citing official engagements, evoking laughter in the Judge.

Earlier in the morning, the Judge expressed displeasure that neither the accused nor the counsel was present when the criminal trial was going on. And the reason given by the accused - that they are absenting themselves because their counsel would not make an appearance because of his illness - made him more angry.

"They (the accused and the counsel) are shifting the responsibility to each other," he commented. "In criminal trial, they have to be present, unless exempted. If you file application (seeking adjournment) this way, how can the trial commence ?"

Jayalalithaa has moved an application seeking clubbing of the "disproportionate wealth case" and "London Hotels case", in both of which she is the accused number one.

Besides Jayalalithaa, the other three accused in the wealth case are her close associate Sasikala, V N Sudhagaran and Ilavarasi, while in the Hotels case, the other accused is T T V Dinakaran, AIADMK MP.