Cuddalore: A Principal Sessions court in Cuddalore on Saturday recalled a non-bailable warrant issued by a lower court against Chief Minister J Jayalalithaa in a case relating to her filing nomination papers for the 2001 Assembly elections. Principal Sessions Judge K Uthirapathy recalled the order and set aside the case.
The case had been filed by the returning officer (RO) of Bhuvanagiri constituency alleging violation of The Representation of the People Act, 1951 for filing nomination papers from four constituencies — Bhuvanagiri, Andipatti, Krishnagiri and Pudukottai — in the 2001 Assembly elections.
It all began after C Kuppusamy of the DMK moved the HC seeking action against Jayalalithaa following which the case was filed by the RO in the Parangipettai court.
Jayalalithaa moved the SC, which on July 10, 2007, directed that status quo be maintained. Ever since, the matter was adjourned at the Parangipettai court periodically. But on June 27, 2011, Parangipettai JM Gomathi Sakthi Sorubu ordered issuing a NBW against Jayalalithaa seeking her presence before the court.
On January 5, judge Uthirapathy stayed the warrant.
"No notice has been served upon to the revision petitioner (Jayalalithaa) about the proceedings. The issuance of the NBW to a person to whom no notice was sent is against all the canons of law. Hence on this sole ground the order issuing the warrant is liable to be set aside," he said.
He also pointed out that the issuance of the warrant by the trail court was in gross violation of the orders of SC to maintain status quo.
"The error that has happened in the proceedings of the trial court has to be rectified in this revision. The trail court shall take steps to get back the warrant, if any already issued to the police."
Advocates A Shankaran, S Arunmozhidevan and V Sankar appeared on behalf of the CM. Last week, Sorubu was placed under suspension following corruption charges against her.
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