Bangalore: A special court on Monday posted to July 27 the hearing of two applications filed by Tamil Nadu Chief Minister Jayalalithaa in the disproportionate asset case, seeking exemption from personal appearance and that she be allowed to make a written submission.
When the matter came up before Judge BM Mallikarjunaiah, Jayalalithaa's counsel B Kumar filed these two applications under Section 313(1) and 313(5) of the CrPC, seeking exemption for his client from personal appearance and that she be allowed to make a written submission.
Kumar submitted that his client be allowed the provision of video-conferencing if the two requests were not possible. The court then adjourned hearing of all the three applications, including one filed during the July 14 hearing when it had posted the case to July 27 for recording statement of the accused under Section 313 of CrPC (power to examine accused).
Kumar in the July 14 hearing had filed the first application stating that as per an amendment to Sec 313 in 2008, presence of accused was not necessary for recording of the statement.
The case was transferred from a Chennai court to Bangalore by the Supreme Court in November 2003 during the previous regime of Jayalalithaa.
The Supreme Court had then stated that all the accused shall personally appear in court on the day they are called upon to do so, for answering questions under Section 313.
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