Referring to the speech of Prime Minister Narendra Modi in Parliament that his government would request the Supreme Court to bring an end to the cases against MPs with criminal background within one year and thus change the image of India in the world a ‘scam India’, DMK President Kalaignar said a case against a Chief Minister with criminal background was being dragged for 17 years and asked the Prime Minister when he would bring an end to the bad name of ‘corrupt Chief Minister’.
Asked about the reports that the Disproportionate assets case against her was the reason for Jayalalitha to praise the BJP now after opposing it before the polling in the recently held Lok Sabha elections, Kalaignar said he did not know anything about it.
But journalist P.Thirumavelan has written a detailed article under the heading “»š b#ayèjh nf°- gÑ® bg§fqU nu°” in ‘Ananda Vikatan’, which is as follows:
“The State of her birth, Karnataka is changing into State of lament for Jayalalitha!
Unable to celebrate even the verdict of people of Tamil Nadu giving 37 out of 39, only the verdict Judge Cunha is waiting to deliver in the disproportionate assets case (against her) is giving Jayalalitha lamentation making her uneasy without peaceful sleep. The disproportionate assets case against Jayalalitha, Sasikala, Ilavarasi and Sudhakaran has acquired the distinction of reaching unprecedented push and pull stage like this in the history of Indian judiciary.
After filing of this case, Indian Parliament has crossed five general elections. Tamil Nadu Assembly has faced three elections. For the Supreme Court, 16 Chief Justices have changed. For the Madras High Court, 12 Chief Justices have come and gone. For Jayalalitha who was 49 years old then, golden jubilee has passed and it is six years since the diamond jubilee of her birth day has passed. For the Bangalore special court itself four judges have changed. The Special Public Prosecutor is also changed. The Investigation officers of the case have also retired. But the case is still moving on …They say ‘There is a day for settling account for all’. But as far as this case is concerned, what is that (day) is not known.
The hope of rule of law,that law will discharge its duty and law will take its own course, is given daily. But ‘when?’ is the biggest question as far as Bangalore case is concerned!
“There is no doubt that the British system of administration is the best. That has given noble benefits. But it has some defects also. It requires simplicity for access and expeditious justice. To achieve them this system should be totally revamped.”, said the first Attorney General of India M.C. Setalvad. The disproportionate assets case against Jayalalitha conducted in Karnataka State it the evidence in front of our eyes for showing that his words were not paid heed to.
When she came to power for the first time, that is according to the accounts in 1991, Jayalalitha’s properties were worth Rs. 2,01,83,957. When her period in power ended in 1996, the value of her assets was Rs. 66,65,20,395. How can Jayalalitha, who was receiving salary of one rupee per month acquire assets worth more than Rs. 66 crores? It is in search of answer for this one question that the case is being conducted for over 17 years. The amount spent so far by the government, judiciary and Jayalalitha side for conducting this case would have far exceeded the amount mentioned in the charge-sheet. This is an indication that it is not only waste of time and money but also that of justice.
Jayalalitha lost power in the 1996 Assembly elections. The ADMK candidates could win only in four of the 234 constituencies. Jayalalitha herself lost. Four months after the defeat, she accepted that ‘It is my duty to own responsibility for the mistakes that happened”. In that statement she also said, “The party’s name was spoilt because those who were connected with those who were close to me created centres of power without my knowledge”. Though Jayalalitha did not mention anybody by name the world knew to whom she was referring to. Those power centres are Sasikala, Ilavarasi and Sudhakaran who are climbing stairs of courts along with her.
Special Public Prosecutor Bhavani Singh has submitted before Judge Cunha of the special court, Bangalore that “Before the filing of this case the accused owned only 17 assets. During the case period of 1991-96 this has increased to 306 assets” and filed documents running to 2,500 pages as evidence.
“The economic condition of the accused in the case has incomparably risen. When Jayalalitha was the Chief Minister of Tamil Nadu she has received salary of Rs 27 at the rate of one rupee per month for the first 27 months in five years. But she has constructed buildings worth Rs.14 crores. When her residence was raided, 23 kg of gold and ornaments worth Rs.90 lakhs were seized. During this period his side have started 32 new companies”, said Bhavani Singh adding, “Rs. 66 crore is the value then and the present value is Rs. 2,847 crore”. This is the essence of the final argument of the special public prosecutor.
The lawyers of Jayalalitha, Sasikala, Ilavarasi and Sudhakaran have to submit their final arguments. With which the arguments should come to an end. The date of verdict will be announced. The verdict will be delivered. If everything move without hindrance, all the works in Bangalore special court will be over before the end of July. But, Jayalalitha filed a petition in the Supreme Court pleading for stay. The court stayed the trial till June 6 and it was further extended up to June 16 by the Supreme Court.
It was the same Supreme Court which in 2003 ordered that this case should be expeditiously completed. When DMK General Secretary Prof. K. Anbazhagan moved the Supreme Court for transferring this case to some other State after Jayalalitha returned to power as the trial in this case against her would not be conducted fairly, the Bench consisting of Justices S.N.Variava and H.K.Seema. The judges agreed that, “petitioner Anbazhagan had made out a case that public confidence in the fairness of trial is being seriously undermined and great prejudice appeared to have been caused to the prosecution which could culminate in miscarriage of justice and hence this case has to be transferred to another State” and directed that the trial should be conducted on a day to day basis. But after that 10 years have passed. It can be said that filing petition after petition during the trial is the concession and right given by law to Jayalalitha side. Is it correct for Jayalalitha who swore by the Constitution of India while assuming the office of the Chief Minister, to behave like this?
Former Chief Justice of the Supreme Court P.N. Bhagwati, who delivered historical verdicts in Indian judicial history, once said, “I am pained to state that the judicial system in our country is almost in dilapidated condition. Due to the weight of pending cases our judicial system is crumbling. Only the dishonest get benefited due to court delays. As exempted from conviction for years they fail in their duty and without performing legal works they spend time. Every affordable person obtain something like orders, stay or stay orders and enjoy the benefit if it for years. All these are done mostly by harming public welfare”. Only the judiciary should find out the blocks for excessive delays.
The present Chief Justice of the Supreme Court Justice R.M. Lodha has said “The courts should complete cases against existing members of Parliament and Assemblies within one year”. Why not they implement it in this as the first case?
It was in the same case that the Judges of the Supreme Court Justices S.N. Variava and H.K. Seema wrote, “Be you so high, the law is above you”. Why so much dragging to the extent of (special court) judge Pachapure observing, “I am sitting alone in this court during the past six months and feel like being locked up in solitary confinement”, after the Supreme Court telling that ‘judge Balakrishna can continue to hear the case’, to the extent of Balakrishna saying in frustration that he was not inclined to conduct the trial and special public prosecutor Acharya in annoyance telling that he would not come to that court thereafter? Whenever they file petition for stay the present judge Cunha imposes penalty each time. This is taken to the Karnataka High Court on appeal. The High Court judges increase the penalty amount. If continued like this, this case will drag on for another 10 years. This will be a blemish for law and fairness and dharma!
(Courtesy: Ananda Vikatan, 18.6.2014)
Asked about the reports that the Disproportionate assets case against her was the reason for Jayalalitha to praise the BJP now after opposing it before the polling in the recently held Lok Sabha elections, Kalaignar said he did not know anything about it.
But journalist P.Thirumavelan has written a detailed article under the heading “»š b#ayèjh nf°- gÑ® bg§fqU nu°” in ‘Ananda Vikatan’, which is as follows:
“The State of her birth, Karnataka is changing into State of lament for Jayalalitha!
Unable to celebrate even the verdict of people of Tamil Nadu giving 37 out of 39, only the verdict Judge Cunha is waiting to deliver in the disproportionate assets case (against her) is giving Jayalalitha lamentation making her uneasy without peaceful sleep. The disproportionate assets case against Jayalalitha, Sasikala, Ilavarasi and Sudhakaran has acquired the distinction of reaching unprecedented push and pull stage like this in the history of Indian judiciary.
After filing of this case, Indian Parliament has crossed five general elections. Tamil Nadu Assembly has faced three elections. For the Supreme Court, 16 Chief Justices have changed. For the Madras High Court, 12 Chief Justices have come and gone. For Jayalalitha who was 49 years old then, golden jubilee has passed and it is six years since the diamond jubilee of her birth day has passed. For the Bangalore special court itself four judges have changed. The Special Public Prosecutor is also changed. The Investigation officers of the case have also retired. But the case is still moving on …They say ‘There is a day for settling account for all’. But as far as this case is concerned, what is that (day) is not known.
The hope of rule of law,that law will discharge its duty and law will take its own course, is given daily. But ‘when?’ is the biggest question as far as Bangalore case is concerned!
“There is no doubt that the British system of administration is the best. That has given noble benefits. But it has some defects also. It requires simplicity for access and expeditious justice. To achieve them this system should be totally revamped.”, said the first Attorney General of India M.C. Setalvad. The disproportionate assets case against Jayalalitha conducted in Karnataka State it the evidence in front of our eyes for showing that his words were not paid heed to.
When she came to power for the first time, that is according to the accounts in 1991, Jayalalitha’s properties were worth Rs. 2,01,83,957. When her period in power ended in 1996, the value of her assets was Rs. 66,65,20,395. How can Jayalalitha, who was receiving salary of one rupee per month acquire assets worth more than Rs. 66 crores? It is in search of answer for this one question that the case is being conducted for over 17 years. The amount spent so far by the government, judiciary and Jayalalitha side for conducting this case would have far exceeded the amount mentioned in the charge-sheet. This is an indication that it is not only waste of time and money but also that of justice.
Jayalalitha lost power in the 1996 Assembly elections. The ADMK candidates could win only in four of the 234 constituencies. Jayalalitha herself lost. Four months after the defeat, she accepted that ‘It is my duty to own responsibility for the mistakes that happened”. In that statement she also said, “The party’s name was spoilt because those who were connected with those who were close to me created centres of power without my knowledge”. Though Jayalalitha did not mention anybody by name the world knew to whom she was referring to. Those power centres are Sasikala, Ilavarasi and Sudhakaran who are climbing stairs of courts along with her.
Special Public Prosecutor Bhavani Singh has submitted before Judge Cunha of the special court, Bangalore that “Before the filing of this case the accused owned only 17 assets. During the case period of 1991-96 this has increased to 306 assets” and filed documents running to 2,500 pages as evidence.
“The economic condition of the accused in the case has incomparably risen. When Jayalalitha was the Chief Minister of Tamil Nadu she has received salary of Rs 27 at the rate of one rupee per month for the first 27 months in five years. But she has constructed buildings worth Rs.14 crores. When her residence was raided, 23 kg of gold and ornaments worth Rs.90 lakhs were seized. During this period his side have started 32 new companies”, said Bhavani Singh adding, “Rs. 66 crore is the value then and the present value is Rs. 2,847 crore”. This is the essence of the final argument of the special public prosecutor.
The lawyers of Jayalalitha, Sasikala, Ilavarasi and Sudhakaran have to submit their final arguments. With which the arguments should come to an end. The date of verdict will be announced. The verdict will be delivered. If everything move without hindrance, all the works in Bangalore special court will be over before the end of July. But, Jayalalitha filed a petition in the Supreme Court pleading for stay. The court stayed the trial till June 6 and it was further extended up to June 16 by the Supreme Court.
It was the same Supreme Court which in 2003 ordered that this case should be expeditiously completed. When DMK General Secretary Prof. K. Anbazhagan moved the Supreme Court for transferring this case to some other State after Jayalalitha returned to power as the trial in this case against her would not be conducted fairly, the Bench consisting of Justices S.N.Variava and H.K.Seema. The judges agreed that, “petitioner Anbazhagan had made out a case that public confidence in the fairness of trial is being seriously undermined and great prejudice appeared to have been caused to the prosecution which could culminate in miscarriage of justice and hence this case has to be transferred to another State” and directed that the trial should be conducted on a day to day basis. But after that 10 years have passed. It can be said that filing petition after petition during the trial is the concession and right given by law to Jayalalitha side. Is it correct for Jayalalitha who swore by the Constitution of India while assuming the office of the Chief Minister, to behave like this?
Former Chief Justice of the Supreme Court P.N. Bhagwati, who delivered historical verdicts in Indian judicial history, once said, “I am pained to state that the judicial system in our country is almost in dilapidated condition. Due to the weight of pending cases our judicial system is crumbling. Only the dishonest get benefited due to court delays. As exempted from conviction for years they fail in their duty and without performing legal works they spend time. Every affordable person obtain something like orders, stay or stay orders and enjoy the benefit if it for years. All these are done mostly by harming public welfare”. Only the judiciary should find out the blocks for excessive delays.
The present Chief Justice of the Supreme Court Justice R.M. Lodha has said “The courts should complete cases against existing members of Parliament and Assemblies within one year”. Why not they implement it in this as the first case?
It was in the same case that the Judges of the Supreme Court Justices S.N. Variava and H.K. Seema wrote, “Be you so high, the law is above you”. Why so much dragging to the extent of (special court) judge Pachapure observing, “I am sitting alone in this court during the past six months and feel like being locked up in solitary confinement”, after the Supreme Court telling that ‘judge Balakrishna can continue to hear the case’, to the extent of Balakrishna saying in frustration that he was not inclined to conduct the trial and special public prosecutor Acharya in annoyance telling that he would not come to that court thereafter? Whenever they file petition for stay the present judge Cunha imposes penalty each time. This is taken to the Karnataka High Court on appeal. The High Court judges increase the penalty amount. If continued like this, this case will drag on for another 10 years. This will be a blemish for law and fairness and dharma!
(Courtesy: Ananda Vikatan, 18.6.2014)
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