“It would tantamount to giving you privilege. We cannot grant you exemption from appearance, it would set a wrong precedent,” a Bench of Justices Dalveer Bhandari and Dipak Misra said.
The court, however, said that the trial court could adjourn the matter fixed for November 8 to any future date as her counsel submitted that it was not convenient for her to appear on that particular date.
Senior advocate Mukul Rohtagi, appearing for the AIADMK chief, submitted that there was no requirement for her to appear again before the special court in Bangalore as she had already visited it on two consecutive days on October 20 and 21 following the apex court’s order.
“The law is the person (accused) is to appear or give written statement. Why make a spectacle out of it,” he asked.
The trial judge had framed 1,339 questions and she had answered as many as 567 so far, the remaining could be replied in written form if given in advance. The Bench said:
“We would request the trial judge to conclude the proceedings in two days. Section 313 (statement of accused under the CrPC) is meant for your (accused) benefit only.”
The Bench also directed the Centre and the Karnataka government to provide adequate security to her in view of high threat perception to her.
The apex court on October 19 rejected her petition for deferment of hearing in the Bangalore court.
In the fresh petition, she challenged the Bangalore court’s order passed on October 21 directing her to appear again on November 8, saying that her recording of statement remained inconclusive in the case relating to her alleged accumulation of assets worth over Rs 66 crore between 1991 and 1996.
The case was transferred to Bangalore on a plea made by Jayalalitha.