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1999 Supreme(Raj) 547

M.B.SHAH, K.T.THOMAS
P. Nallammal – Appellant
Versus
State rep. by Inspector of Police – Respondent


Advocates Appeared:
K.K. Venugopal, Senior Advocate, K.V. Venkataraman, K.V. Vishwanatha, N. Jothi and Kunwar Ajit M. Singh, Advocates, for Appellants Shanti Bhushan, V.R. Reddy, N. Natarajan, R. Mohan, Senior Advocates, R. Shanmughasundaran and V.G. Pragasam, Advocates, for

Honble THOMAS, J.–Leave granted.

(2). Some of the former Ministers of the Tamil Nadu Government in the Ministry headed by the erstwhile Chief Minister Smt. Jayalalitha are being prosecuted before certain Special Courts for the offence, inter alia, under Section 13(1)(e) of the Prevention of Corruption Act, 1986 (for short "the P.C. Act"). The for- mer speaker of the Tamil Nadu Legislative Assembly (when Smt. Jayalalitha was the Chief Minister) is also facing a similar charge. They are indicated on the premise that they were public servants during the relevant time and that each one has amassed wealth disproportionate to his/her known sources of income, for which he/she is unable to account.

(3). But in all such cases, some of their kith and kin are also being arranged as co-accused to face the said offence read with Section 109 of the Indian Penal Code (for short "the Penal Code"). Appellants herein are all those kith and kin who are now being proceeded against for the said offences in conjunction with the public servant concerned. They raised preliminary objections before the Special Courts on various grounds for pre-charge exoneration, but the Court repelled all such objections. Th














































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