
NEW DELHI, Feb 15: The issue of special courts to try corruption cases against All India Anna DMK supremo Jayalalitha took a new turn today with Tamil Nadu government announcing that it will challenge within a week in the Supreme Court a notification by Centre transferring cases against her to sessions courts.
"The Centre has issued the notification without consulting the Madras High Court and we wish to challenge it here within a week," counsel for the state government Fali S Nariman and Shanti Bhushan told a division bench of the court comprising Justices G T Nanavati and S P Kurdukar.
Tamil Nadu conveyed its stand when the bench observed that in view of the Centre’s February 5 notification Jayalalitha’s special leave petition (SLP) challenging Tamil Nadu government’s April 30, 1997, notification constituting three special judges "becomes infructuous".
The bench fixed February 22 for hearing on the SLP by Jayalalitha and the writ petition to be filed by Tamil Nadu. Earlier, when Attorney General SoliSorabjee submitted a copy of the February 5 notification, the bench asked as to how the Centre could classify cases in various categories.
"It is the privilege of the judiciary. How the executive can do it (the classification)," the bench said and observed it might render the notification illegal.
Sorabjee contended that court should not pass any such observation as it was yet to hear the contention of the Central Government on the issue.




