New Delhi: In an embarrassment to Tamil Nadu Chief Minister J Jayalalithaa, the Supreme Court on Monday suggested that she may have to appear personally before a trial court in Karnataka in the disproportionate assets case pending against her.
A bench of justices Dalveer Bhandari and Deepak Verma observed that the chief minister was attempting to delay the proceedings by seeking exemption from personal appearance in the matter.
"We are on a broad principle. It is not necessary that the court should accept what all the accused says. Except to delay the whole proceedings in the court, we don't find anything in this application," Justice Bhandari observed.
The bench made the observations while adjourning the matter for one week to allow senior counsel Harish Salve to seek instructions from Jayalalithaa on the day she would like to appear before the trial court.
Jayalalithaa had sought exemption from personal appearance in recording her statement under section 313 CrPC.
"We think you have not been properly advised. We can understand your position. If you want we can direct the trial court to provide you with adequate security and allow the proceedings on the day of your choice," the bench told Salve and granted him one week's time to seek necessary instructions in this regard.
Earlier, appearing for the chief minister, Salve had contended that the trial court had erroneously rejected her plea for exemption from personal appearance and pointed out that section 313(5) CrPC grants liberty to an accused to answer the questions in writing.
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