Former Tamil Nadu Chief Minister Jayalalithaa will face a critical judicial test on Monday with the High Court set to pronounce its verdict on her appeal against her conviction in the disproportionate assets case.
As Tamil Nadu remains on edge, it will be a high-stake test as the judicial outcome could swing the political fortunes either way for the ruling AIADMK supremo and alter the political course in the neighbouring state, which will go to Assembly polls in about a year.
According to legal circles, the 67-year old Jayalalithaa need not be present in the court when the single judge bench of Justice C.R. Kumaraswamy delivers the judgement, just a day ahead of the three-month deadline set by the Supreme Court to complete the hearing on appeals by her and three others.
The court will decide on the appeals filed by Ms. Jayalalithaa and three others against the Special Court Judge Michael D’Cunha’s September 27 last verdict sentencing them to four years in jail and imposing a hefty fine of Rs. 100 crore on her and Rs. 10 crore each on three others.
An acquittal would enable a big political comeback for Ms. Jayalalithaa, who has waged many legal battles and seen several ups and downs in her political career.
An adverse outcome, on the other hand, would accentuate uncertainty and cause more worries about the future of the AIADMK leader and her personality-based monolithic party.
She will remain disqualified under the Representation of the People Act from contesting elections for a period of 10 years — four years from the date of conviction and six years thereafter, unless a superior court sets aside the conviction.
During the hearing of the appeal, Ms. Jayalalithaa has contended that the then DMK government-led investigation had deliberately over-valued her assets and she had acquired the property, including jewellery, through legal means.
Anticipating arrival of thousands of AIADMK supporters from Tamil Nadu on the verdict day, the Bangalore police have clamped prohibitory orders in one km radius of the High Court from 6 a.m. to 6 p.m. on Monday, apart from beefing up security.
Political ramifications of the judgment
- Opposition parties are counting on an adverse verdict to rebuild their own fortunes in the State.
- The AIADMK vote bank and Ms Jayalalithaa’s hold over the organisations are unlikely to suffer any immediate setback even if the High Court upholds the conviction.
- Political parties such as the DMDK and the PMK might seek to form new alliances and cash in on a possible mood of gloom in the AIADMK camp.
- PMK founder S. Ramadoss has been speaking of an alternative front
- DMDK founder Vijayakant, despite moving close to the DMK, will also seek to project himself as a right alternative.
- VCK leader Thol. Thirumavalavan is talking of cobbling together a front of smaller parties.
- DMK banks on being the most viable alternative to the AIADMK.
From silver screen to political dream
>The long road to justice
Jayalalithaa's conviction reinforced the Constitutional principle that the rule of law applies to all.
After meandering for 18 years, the case had reached the climax with the conviction in September last year that brought her down from the pedestal of Chief Ministership and unseated her from the Assembly.
She has earned the dubious distinction of losing the Chief Minister’s post twice following conviction in graft cases — in 2001 and 2014.
Ms. Jayalalithaa had been charged with accumulating Rs. 66.65 crore wealth disproportionate to known sources of her income from 1991-96 in her first term as Chief Minister in the case that has seen many political and legal twists and turns.
Her close aide Sasikala Natarajan, her niece Ilavarasi and her nephew and Jayalalithaa’s disowned foster son Sudhakaran were held guilty by the trial court.
In perhaps one of the longest legal battles involving a political leader ever since the case was filed, the country has witnessed five Lok Sabha elections and Tamil Nadu three Assembly polls.
Controversy also swirled around the case after Karnataka Advocate General B.V. Acharya quit as Special Public Prosecutor and Bhavani Singh came in his place in the trial court.
Mr. Singh continued as SPP in the High Court but the Supreme Court recently annulled his appointment as “bad in law”, a verdict that brought back Acharya, who immediately filed a written submission seeking dismissal of the appeals by the AIADMK chief and three others.
The case was transferred to the Bangalore Special Court by the Supreme Court in 2003 on a plea by DMK, which claimed a fair trial cannot be held in Chennai as the Jayalalithaa-led AIADMK government was in power.
>The controversy
The Karnataka government appointed senior lawyer Bhavani Singh in February 2013 as the Special Public Prosecutor replacing B.V.Acharya, who cited suffering at the hands of ‘interested parties’. The appointment of the SPP was challenged by DMK leader K.Anbazhagan on the grounds that the accused was in collusion with the Special Public Prosecutor. The Karnataka HC had rejected the plea after which the DMK general secretary challenged the Supreme Court over the appointment. Former Tamil Nadu CM Jayalalithaa argued that the Mr. Anbazhagan’s plea was not ‘genuine’.
The curious case of the SPP
- Former Janata Party leader Subramanian Swamy files case alleging Jayalalithaa amassed properties disproportionate to her known sources of income
- Case shifted to Karnataka High Court after DMK cries foul about fairness of trial in Tamil Nadu.
- Karnataka appoints the former Advocate-General B.V. Acharya as Special Public Prosecutor.
- B.V. Acharya expresses inability to continue as SPP, citing pressure from BJP for holding the post of AG (since past 6 months) >read more
- B.V. Acharya quits as SPP after Karnataka accepts his resignation. >read more
- G. Bhavani Singh appointed as SPP as Acharya quits, citing mental agony over Lokayukta order to probe him. >read more
- Karnataka issues notification, citing no reasons, withdrawing Bhavani Singh’s appointment as SPP. Singh moves Supreme Court against the withdrawal. >read more
- SC quashes Karnataka’s notification, reinstates Singh.
- Apex court judge dismisses SPP plea to present seized silver articles of Jayalalithaa’s, says he is trying to cause delay.
- DMK leader K. Anbazhagan moves for Singh’s removal, saying issue of his continuation is still pending. >read more
- Supreme Court strikes down Singh’s appointment as SPP. >read more
>Anbazhagan seeks confirming of sentence
In line with a direction of the Supreme Court, DMK general secretary K.Anbazhagan filed his written submission with the Karnataka High Court that prayed for confirming the sentence and fine imposed on Ms. Jayalalithaa and three others in the case.
>Yet another twist
Editorial: The legal position was always clear - that once a case is transferred from one State to another, the transferee State alone is competent to appoint the prosecutor.
>Jayalalithaa defends Bhavani Singh’s continuance as SPP
Ms. Jayalalithaa argued that Mr. Anbazhagan’s petition to remove Bhavani Singh as Special Public Prosecutor in the appeal is not a "genuine plea."
>'Bhavani Singh has no authority to represent DVAC'
Mr. Anbazhagan’s counsel claimed that Mr. Singh was appointed as an SPP only for conduct of the trial by Karnataka govt. based on guidelines by SC
>In 2013, Anbazhagan moves HC in Jaya case
Mr. Anbazhagan recounted how he had given “a representation to Karnataka and Chief Justice of the Karnataka against Bhavani Singh detailing the allegations of collusion with the accused.”
