BANGALORE: The Karnataka High Court today quashed the decision of Tamil Nadu vigilance department to conduct further probe into the disproportionate assets case against TN Chief Minister Jayalalithaa.Allowing the petition by DMK General Secretary K Anbazhagan, in which he had challenged Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) from conducting further investigation, Justice V Jagannathan quashed the agency's June 15 2011 decision and directed it to "stop further investigation" into the matter to "meet the ends of justice."The court made the interim order given by it "absolute," and that no further investigation can be conducted by DVAC.On July 29, 2011, the Court had granted an interim stay till Aug 4 on further investigation by DVAC and ordered issue of notice to Special Public Prosecutor (SPP) and DVAC, Chennai.Anbazhagan had alleged that Jayalalithaa and three others and DVAC were "hand in glove" and that the agency's decision to conduct further investigation at this stage of the ongoing trial in a special court in Bangalore was "only an attempt to destroy the evidence already on record.""In the guise of further investigation under Sec 173(8) of CrPC, it is an attempt to destroy the evidence already on record," the petitioner had alleged.The court further directed the trial court to follow the Supreme Court directions in the transfer petition.In its lengthy order the court observed "the circle has come round. Once again further investigation is being sought after A1 (Jaya) has assumed the seat as Chief Minister of Tamil Nadu. The tenor of the communication is an indication that it is the Chief Secretary who wants further investigation to be taken up to rectify the lapses.""Communication has further instructed the Investigating Officer to comply with the order of the government... further investigation amounts to abuse of law".The court further observed that "in the guise of further investigation or fresh investigation, what has been done earlier cannot be undone".Observing the sequence of events in the case since 1997 when the trial began, the court stated the situation right now is not ordinary but extraordinary when the matter has reached the stage of recording of statement."In such an extraordinary situation, necessity also arises on part of the court to invoke extraordinary powers conferred on it by the court itself". The court has to take recourse to the provision under Sec 482 of CrPC, "to prevent suppression justice as in the instant case ends of justice is paramount".Assistant Special Public Prosecutor Sandesh Chouta told PTI that in 2001 when the accused was Chief Minister, an IO was appointed in the London Hotel case,weakening the prosecution which ultimately led to the prosecutor withdrawing from it."Now she is back in power and again further investigation has been sought at the fag end of the trial when it has reached the recording of the statement of the accused under section Cr.PC 313".
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