SECTION IIB IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE PETITION (Crl.) NOs. 7900 & 79067908 OF 2014 J. JAYALALITHAA ...PETITIONERS VERSUS STATE OF TAMIL NADU REP. BY THE SUPERINTENDENT OF POLICE DV AND AC, CHENNAI ...RESPONDENT OFFICE REPORT The above matters being mentioned before the Honble Court on 13.10.2014, the Honble Court was pleased to pass the following Order: List the matters on 17th October, 2014 before an appropriate Bench. PETITION FOR SPECIAL LEAVE PETITION (Crl.) NO. 7900 OF 2014 It is submitted that the petitioner is the former Chief Minister of the State of Tamil Nadu. The Counsel for the petitioner has submitted a letter dated 10th October, 2014, inter alia, stating that the petitioner was taken into custody on 27.9.2014 and vakalatnama is duly affirmed by the jail authority. The counsel has requested to dispense with the requirement of certificate of custody, which is mandatory in nature, in view of the provisions of Order XX, Rule 3 of the Supreme Court Rules, 2013. A copy of the letter dated 10.10.2014 has been included at page NO.1296 of the Special Leave Petition Paper Books. It is submitted that Order XX Rule (3) of the Supreme Court Rules, 2013, inter alia, provides that mere attestation on the Vakalatnama from the Jail Authorities shall not be considered as sufficient proof of surrender. It is also submitted that a certified copy of the order of the Court in which she has surrendered or a certificate of the competent authority of the Jail in which she is undergoing sentence is also required to be filed in accordance therewith. It is further submitted that W.P.(Crl) NO. 178 of 2014 praying inter alia for pronouncement of the judgment in disproportionate assets case of petitioner in some other States other than Karnataka owing to security reasons was dismissed as withdrawn by the Honble Court on 26.09.2014. A copy of the Record of Proceedings dated 26.09.2014 is enclosed herewith for the kind perusal of the Honble Court. It is further submitted that Dr. Subramaniyam Swamy has on 15.10.2014 filed an Application for intervention as applicant/intervenorinperson. It is stated at para 2 of application that the applicant was original complainant in the matter before the Ld. Sessions Court but since the state was conducting the case, the applicant was not a party before the Honble High Court, the applicant is also not a party in the present matter. It is further submitted that Dr. Subramaniyam Swamy applicant/intervenorinperson has not filed his memo of appearance to appear in person before Honble this Court. The Unregistered application is being circulated for kind perusal of Honble Court. PETITION FOR SPECIAL LEAVE PETITION (Crl.) NO. 79067908 OF 2014 The Counsel for the petitioner has given a letter dated 10 th October, 2014. He has, inter alia, stated therein that the petitioner was taken into custody on 27.9.2014 and vakalatnama is duly affirmed by the jail authority. The counsel has also requested to dispense with the requirement of certificate of custody, It is further submitted that the instant matter has been tagged with Special Leave Petition (Crl.) No. 7900 of 2014 as both are arising out of same judgment and both the matters are being listed together. The matters above mentioned are therefore listed before the Honble Court with this report. DATED this the 15th day of October, 2014. ASSISTANT REGISTRAR Copy to: 1. Mr. Gaurav Agarwal, Advocate 2. Mr. Rupesh Kumar, Advocate 3. Dr. Subrahmanian Swamy, Advocate (A77, Nizamuddin East,New Delhi) ASSISTANT REGISTRAR ----------------------------------------------------------------------------------------- | DISCLAIMER | ----------------------------------------------------------------------------------------- | OFFICE REPORT IS ONLY FOR ASSISTANCE OF THE HONBLE COURT. ALTHOUGH EVERY EFFORT HAS | | BEEN MADE TO GIVE UPDATED, CORRECT AND COMPLETE INFORMATION, BUT THE CORRECTNESS | | OF THE CONTENTS OF THE OFFICE REPORT MAY BE VERIFIED FROM THE ORIGINAL CASE FILE. | -----------------------------------------------------------------------------------------
Posted on: Fri, 17 Oct 2014 13:07:01 +0000
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