Wednesday, May 25 2005 22:31 Hrs (IST) - World Time -

Bangalore: Prosecution today (May 25, 2005) opposed clubbing of the "London Hotels case" with the Rs 66.65 crore "disproportionate wealth case" against Tamil Nadu Chief Minister Jayalalithaa, saying the accused's application seeking amalgamation is aimed at protracting the proceedings at the Special Court in Bangalore.

The Special Public Prosecutor B V Acharya contended that clubbing of the two cases would lead to virtual wiping out of the trial proceedings from 1999 to 2003, "starting (again) from day one", and having a "new trial".

He argued that Jayalalithaa's application cannot be allowed, was not maintainable under law and in the light of the Madras High Court judgement and order of the Supreme Court, it's not permissible, and sought it to be dismissed.

According to Acharya, the Madras High Court had "negatived" the accused contention seeking clubbing of the two cases. "Supreme Court order is (also) incompatible with clubbing".

"No relief can be granted", he submitted. "They are separate and distinct cases; separate trial is called for".

Earlier, N Joti, the senior defence counsel appearing for Jayalalithaa, in his arguments, alleged that the FIR and chargesheet in the "London Hotels Case" were politically motivated.

He pointed out that the FIR and the chargesheet in this case were filed in September 2000 and March 2001, respectively, while elections to Tamil Nadu Assembly were to be held in April 2001, adding, these were done to put Jayalalithaa in poor light among the public.

Joti dwelt at length on the "legal mistakes" committed by the Investigating Officer in the "London Hotels case" and "abuse of the process of law". The second chargesheet was filed to put Jayalalithaa "endlessly" in court, he alleged.

Joti submitted that the second chargesheet should be treated as a supplementary one to the chargesheet on the "disproportionate wealth case".

Hearing was adjourned to Friday (May 27, 2005) by the Special Judge A S Pachchpure after Joti submitted that he is slated to appear before the Madras High Court tomorrow (May 26, 2005) in connection with a different case.