High Court dismisses Jayalalithaa’s petition

The Karnataka High Court on Tuesday dismissed a petition by former Tamil Nadu Chief Minister Jayalalithaa challenging a trial court order, which rejected her plea for fresh translation of documents in the wealth case against her.

Justice Subhash B. Adi however, granted liberty to the prosecution and the accused “to point out defects, mistakes, omissions or additions if any, to be made in the translation.”

“And if such mistakes are pointed out, the trial court shall consider the same and correct translation of the deposition of the witnesses and the documents which are translated into English from Tamil,” the judge said.

The court observed that the trial shall continue till the recording of statements of the accused are completed. The prosecution and the accused may file necessary memo pointing out the errors or mistakes if any, in the translation whenever it is required on or before the completion of the recording of the 41 witnesses (one has already recorded his statement) sought to be recalled in the case.

When Ms. Jayalalithaa’s counsel Navaneetha Krishnan sought time to point out defects in the translation, Justice Adi said, “you can file an appropriate application seeking more time.”

The court had on September 8 reserved orders on Ms. Jayalalithaa’s petition.

During arguments, Special Public Prosecutor B.V. Acharya had contended that without any prejudice to any person, the trial should go on, at which Justice Adi intervened and observed “in fairness of the trial there has to be correct and proper translation. There must be an opportunity to the accused to point out the mistakes.”

Mr. Acharya said in March 2005, translated copies were given to each one of the accused and suggested that the counsel for the petitioner himself recommend a translator here who will give the correct translation “but the trial should go on.”

On September 23, the Special Court appointed a local advocate as an interpreter for “true translation of the documents” pertaining to the case.

The special court had on July 22 rejected Ms. Jayalalithaa’s plea for fresh translation of the documents and fixed August 6 for commencement of the trial. Challenging this, Ms. Jayalalithaa had moved the High court.

The disproportionate wealth case against Ms. Jayalalithaa which was heard by a Chennai court had been transferred to Bangalore by the Supreme Court.