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Jaya thinks special judge must have vacation, but he doesn't

A special judge trying cases of corruption during the rule of the All-India Anna Dravida Munnetra Kazhagam today rejected the plea of former Tamil Nadu chief minister J Jayalalitha and her erstwhile ministerial colleague T M Selvaganapathy that the Pleasant Stay Hotel case not be heard during the summer vacation.

Dismissing as not maintainable a petition filed by Jayalalitha and Selvaganapathy, Special Judge-2 V Radhakrishnan said that after their constitution, the special courts functioned during the last summer vacation when no request was made to the high court to declare a recess for them.

As such, these courts could not be expected to avail of the summer vacation, he said, and suggested that the petitioners approach the Madras high court for clarification.

In their petition, Jayalalitha and Selvaganapathy said that under section 5 of the Prevention of Corruption Act, specials courts must be deemed to be sessions courts. Except for the mode of trial, all other provisions of the Criminal Procedure Code that apply to sessions courts also apply to the courts of special judges. Hence, these special judges are not to be grouped with magistrates and are entitled to avail of a summer vacation.

UNI

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