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Jaya thumb impression row: Flaws cited in Dr Balaji’s submission
The hearing into the controversy over former Chief Minister J Jayalalithaa’s thumb impression related to polls held during her hospitalisation on October 27, 2016 at the Madras High Court took a different twist on Friday.
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Chennai
The counsel appearing for the petitioner Dr Saravanan of DMK claimed that the deposition by Dr Balaji that Jayalalithaa placed her thumb impression in his presence was utterly false.
Advocate Arun relying on the documents of the Election Commission of India, submitted before Justice Velmurugan that Dr Balaji who deposed earlier had informed the court that on October 27, 2016 he had read out the letters sent by ECI authorising any medical officer to attest her thumb impression at 6 pm on that day.
Stating that the two letters, one written by ECI authorising any Medical officer to attest the thumb impression and another one written by Chief Election Officer to the Returning Officer were sent by registered post only on October 28, 2016 at 11 am whereas Dr Balaji deposed that those two letters were read out to the former Chief Minister on October 27 itself. This, the counsel claimed makes one wonder as to how the letter reached the officials even before it could be posted.
Even another claim that the letter reached the AIADMK headquarters at 8 pm on that day does not suit Dr Balaji’s submission since he claims to have read out the letter at 6 pm on October 27, counsel Arun added.
He further submitted that besides this, Dr Balaji had told the court that when he entered the ICU at 6 pm on October 27, where the late Chief Minister was admitted, the forms with the thumb impression were handed over to him. On pointing out an error apparent in this submission, Advocate Arun noted that Dr Balaji has clearly maintained that the moment he reached the ICU, the forms with the thumb impression was handed over to him, which makes it clear that the former Chief Minister had not put her thumb impression in Dr Balaji’s presence.
In another submission, the counsel noted that Dr Balaji was neither authorised by the government nor by the AIADMK party or even by Apollo hospital to attest the thumb impression and hence he cannot be considered an authorised medical officer to attest the thumb impression of Jayalalithaa.
Recording the submissions, Justice Velmurugan posted the matter for further hearing to August 3. Saravanan in his plea had alleged that the thumb impression of Jayalalithaa was obtained without her consent and knowledge while she was unconscious and with the connivance of doctors and others.
Plea moved by late Jayalalithaa and Sasikala dismissed
The Madras High Court on Friday dismissed as infructuous four criminal original petitions filed by the late Chief Minister J Jayalalithaa, VK Sasikala and two other petitions by Sasi Enterprises seeking to quash the trial pending on the file of the Additional Chief Metropolitan Magistrate Court [Economic Offences-I], Egmore, Chennai, filed by the Income Tax department. Justice M Nirmal Kumar on perusing the order passed by the lower court said, “It is seen that the Special Public Prosecutor of the Income Tax department had filed a petition to withdraw the prosecution against the petitioner and given consent to withdraw the prosecution.
Recording the submission, the Lower Court had held that the proceedings in the above cases are ordered to be withdrawn. In view of the above, the prayer in this Criminal Original Petitions becomes infructuous and hence dismissed.” All the above matters are related to the prosecution initiated by the Income Tax department against J Jayalalithaa and Sasikala and Sasi Enterprises for non-filing of returns.
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