Amma Jayalalithaa in Trouble just before the elections – Loses Criminal case petitions on Wealth Tax
The Madras High Court recently disposed of two petitions by Madame Jayalaithaa regarding prosecution proceedings against her in a Wealth Tax case. This case started sometime in 1997 and there were about 180 adjournments.
The Court made some interesting observations on certain legal principles.
The facts are of two types:-
(a) Facta probanda - the facts required to be proved (material facts); and
(b) Facta probantia - the facts by means of which they are to be proved (particulars or evidence).
The complaint should contain only facta probanda and not facta probantia . The material facts on which the complainant relies for bringing home prima facie the offence alleged are called facta probanda and they must be stated in the complaint but the facts or evidence by means of which the material facts are to be proved are called facta probantia and they need not be stated in the complaint. They are not the fact in issue but only relevant facts required to be proved at the trial in order to establish the fact in issue.
There are some interesting coincidences worth noting
The complaint was filed in 1997 – till 1996, Jayalalithaa was Chief Minister
She filed the discharge petition only in 2001 – she had come back to power by that time.
The counter of the government was filed only in 2004 – A new government very friendly with her arch rival DMK had come to power in centre.
And now we are in 2009 with elections round the corner and Amma has to be busy fighting it out in two fronts.
We will bring you full text of the case tomorrow. Incidentally tomorrow is her birthday.