Puritchi Thalaivi to be “re-crowned”?

 - D Vishnumohan Rao

“God Blessed Me! It was his mercy for my liberation from these cases. I am extremely happy to see this day. This is victory of righteousness and truth. I told you earlier, that I would be one day free from all these cases that were fabricated on me by the Karuna Nidhi government. This is a victory for justice and truth in the country. My words have come true. I will contest to the House from ‘Andipatti’ Assembly constituency only. However, I may not be able to disclose to you right now, whether I will contest after taking charge of the seat or take charge after winning. I will be taking a correct decision at correct timing…instead of attempting to take a right decision at suitable time.” This quotes her anxiety after she was let scratch free by the Tamil Nadu High Court in the Tansy and Pleasant Stay Hotel cases.

This was AIADMK Supremo and former Chief Minister Jayaraman Jayalalithaa’s reaction to the judgement by the High Court liberating her from both the cases, scot-free. She was overflowing with confidence in her statement.

The judgement delivered by Justice Dinakaran at the Chennai High Court totally smoothened and rejuvenated the psychologically tired Jayalalithaa, who was fighting with cases for the past five years. Equally, the judgement would have echoed in the former DMK government leaders as wild tremors.

There is a reason behind this. Justice Dinakaran did not stop adjudging Jayalalithaa innocent. He furthered finding fault with the Special Judge’s verdict on the cases as a ‘mistake’. Justice Dinakaran also held the verdict as the one that had exceeded the judicially set official limits. This directly indicates about the cases as the ones filed with mal-intentions or ‘political’ intentions. In addition to this it is also clear that the earlier judgement from the Special Judge had really committed some ‘mistakes’ in drafting the judgement.

It is to be taken in a sense that this verdict is not a ‘shock’ to the special judge but carries on to the leaders of the then DMK government, as they were responsible for filing such cases in the Courts of Law.

Let us take a view of some contents of the verdict along with actions and reactions of some political leaders.

A public servant can purchase public (government) property

The High Court in its decision spelt that there was no legal sanction in force prohibiting Jayalalithaa for purchasing the Tansy lands, when she was Chief Minister. It questioned that when no Act is prohibiting an action of an individual, how can it be termed violation of Law? The Tansy lands were sold through open tenders. There were no malign interests found in the process of sale. Equally, no loss to the exchequer was found in the total deal. It was the mistake of Special Judge to deliver a conclusion considering the market values of the land instead of guiding principle rates for the Tansy lands.

The High Court also defined that there were no clear definitions to the term Market Value in the legislations. If the verdict is taken into consideration, it will be understood that purchase of public (government) property through justified legal process by any public servant is within the legality purview. This proves that Jayalalithaa is not guilty of any offence or corruption. The High Court also struck off the three and two-year term rigorous convictions declared by Special Court to Jayalalithaa in the Tansy land deal cases. It added that in case the accused paid any financial penalties, they should be returned.

Special Judge surpassed statutory boundaries

The Prosecution could not provide satisfactory evidences to the High Court that proves Jayalalithaa’s corruption in amending the Municipal Act in the Pleasant Stay Hotel case. High Court expressed a view that it was not fair for the Special Court to state that there was no public welfare interest in relaxing Municipal rules for constructing the Hotel building.

The state Assembly relaxed legal sanctions to the Hotel and not an individual. The Special Judge surpassed his statutory boundaries by commenting that a decision taken by the Assembly or members of the House collectively (or with the consent of the majority of the members in the House) was not in favour of people.

The High court did not consider the allegations of the prosecution that Jayalalithaa’s government had transferred the then Municipal Administration secretary P C Siriyak unnecessarily. The reason for the transfer was stated to be Siriyak’s “decent note” resenting the loosening the regulations for the Hotel Pleasant Stay constructed at Kodai Kanal. The High Court clearly mentioned that prosecution could not prove the existence of any such “Decent Note”. In this regard, the one-year rigorous imprisonment decree awarded by the Special Courts on Jayalalithaa, last October was also annulled by the High Court.

Karuna on legal experts hunt to discuss about filing petition in Supreme Court

Former Chief Minister commented that he always respects the Law. Addressing a press conference after Jayalalithaa was released from Tansy and Pleasant Stay Hotel cases, he said confirmation about filing a petition in the Supreme Court challenging the High Court judgement on behalf of the party couldn’t be given right away. First a discussion with legal experts would be held about the issue before taking any decision, he added.

Reacting to the media men’s reference that AIADMK leaders commented that the judgement proved the political fabrication of the cases by the then DMK government, Karuna Nidhi said there was no change in their stance. Those leaders said the same when Jalalithaa was convicted in the Special Courts.

A general discussion among the legal experts of the state say, the Supreme Court may just ratify the High Court’s decision. This, they say based on some statutory regulations in force.

No problem for Puritchi Thalaivi’s “re-crowning”: Chow Rama Swamy

Rajya Sabha Member and Political analyst Chow Rama Swamy felt that with the High Court verdict, there are no problems for Puritchi Thalaivi to accept the Chief Minister’s seat. Responding to the judgement freeing Jayalalithaa from the Tansy Lands and Pleasant Stay Hotel cases, he recalled that the Constitution allows for continuation of a person for a period of six months as chief Minister, even though the person was not elected to the House. Jayalalithaa is having a right to use this six-month period by re-installing herself in the Chief Minister’s chair he clarified.

The Governor (as on December 8, 2001 Dr C Rangarajan, Governor of Andhra Pradesh is in-charge Governor for Tamil Nadu) should consider the desire of Jayalalithaa if she wished to become Chief Minister again, keeping in view about her eligibility to contest in the elections. Jayalalithaa is now eligible for contesting any election as she is acquitted innocent by the Tamil Nadu High Court.

Wait, watch and advance, present strategy of Jayalalithaa

AIADMK Supremo and former Chief Minister Jayaraman Jayalalithaa is following a careful wait, watch and advance strategy in her activities. She is consulting her legal advisors on almost all the matters relating to her and her public life. This of course was needed, as there are some more cases pending in various courts against her, though she was adjudged not guilty in the Tansy and Pleasant Stay Hotel cases. She is not in a mood to hurry for immediately charging on to the Chief Minister’s chair, despite the fact that she is now eligible to contest legally. The intensity of Special Court convicting and High Court acquitting her should be fresh in Jayalalithaa’s mind.

Political analysts think that as the bi-election to Andipatti Assembly Constituency is slated for February 2002, Jayalalithaa must be strategising for contesting from there and remain as Chief Minister for a full term. It is also believed that if this line of attack works out well, it would be a brick-bat answer to the rival parties. There is a hear and say that legal experts assured that there is no harm if the adversaries approached Supreme Court challenging the High Court’s judgement.

One twist and turn in the whole episode is clear. It is that Jayalalithaa is definite to take charge of the Chief Minister’s chair in Tamil Nadu. Now, the issue that is put to time test is will that happen before her election to the House or after.

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