The Supreme Court on Thursday issued notice to the Karnataka government seeking its response on Tamil Nadu Chief Minister J Jayalalithaa's plea for transfer of two disproportionate assets from a Bangalore special court to Pondicherry on the ground that a strong anti-Tamil sentiment prevailed in that state.
A bench comprising Justice S N Variava and Justice H K Sema also issued notice to DMK leader K Anbazaghan, on whose petition the apex court on November 18 had directed transfer of the trial of the two cases against her to Karnataka while expressing fear that fair trial was not possible in Chennai.
Fixing the next date of hearing on the application of the chief minister for January 19, the bench made it clear that ongoing translation of voluminous trial court documents from Tamil to Kannada would continue as usual irrespective of its decision to hear Karnataka on the issue.
The court also allowed Jayalalithaa to amend her application as she had stated during arguments on December 15 that the trial could be shifted to any other State except Karnataka.
In her application she had said that Pondicherry was the only suitable place as Tamil Nadu had dispute over sharing of Cauvery river water with Kerala and Andhra Pradesh.
Apprehending that she would not get a fair trial in Bangalore in the Rs 66 crore disproportionate assets cases, she had sought for transfer of the trial to Pondicherry saying because of the totally surcharged atmosphere in Karnataka, she would not get a fair trial.
Expressing apprehensions about her personal security in Karnataka where she had to appear before the trial court if the trial was allowed to continue there, she had said the appropriate place for a fair trial would be a court in the Union Territory, where Congress is in power and the Dravida Munnetra Kazhagam is the main opposition party.
Referring to the bitter political and legal battle between Tamil Nadu and Karnataka over the Cauvery water sharing issue, 55-year-old Jayalalithaa said the relations between the states had been further affected during the period of abduction of Kannada matinee idol Rajakumar by forest brigand Veerappan.
Asserting that a fair trial in an atmosphere that is not hostile was a guaranteed fundamental right, she said due to the above two controversies, 'the atmosphere in the State of Karnataka is foul and totally vitiated...'.
The court, on November 18, had ordered transfer of trial in the disproportionate assets cases to a Special Court at Bangalore saying the manner in which the trial was conducted in Chennai would have amounted to failure of justice undermining the public confidence in fair trial.
The court had taken strong exception to the fact that Jayalalithaa, though an accused in the case, had never appeared before the trial court at Chennai and that a questionnaire was sent to her residence for the purpose of questioning.
The apex court directed the Karnataka high court to constitute a special court, appoint a special judge and a senior advocate as an independent public prosecutor within six weeks and hold trial on a day-to-day basis.
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