Jayalalithaa’s Case to be heard on October 17 by Supreme Court

Oct 16, 2014 Tushita News 0

In what may come as a huge sigh of relief to the AIADMK supremo Jayalalithaa, the Supreme Court will be pay heed to the leave petition filed by her, on Friday. Her petition challenges Karnataka High Court’s verdict of not granting her any suspension from the sentence’s execution and also, denying her bail.

Three-judge Bench acceded to the former Chief Minister Jayalalithaa’s plea for an urgent and early hearing.

The Bench consists of Chief Justice H.L. Dattu, Justice A.K. Sikri and Justice Madan B. Lokur acceded on Monday to carry out the hearing as requested by Fali S. Nariman, Ms. Jayalalithaa’s Counsel and senior advocate.

The case was mentioned on Monday before the hearing of all other scheduled cases. Mr. Nariman made a plea saying, “My Lords, this is an urgent matter on suspension of sentence.”

After some momentary consultations that took place among the Bench members, the CJI scheduled the case for hearing on Friday, October 17.

Along with the three-time former CM, senior advocate Mr. Sushil Kumar also asked for a subsequent hearing regarding holding-up of the High Court order of rest of the three accuses in the disproportionate asset case, on Friday only. The bench assented to his plea too.

Ms. J. Jayalalithaa, who presided over the seat of Chief Minister of Tamil Nadu when she got convicted, was ordered by a Special Court to be restrained under simple imprisonment for four years in addition to slapping of a fine of Rs. 100-crore on her.

Her transgressions are covered under the Prevention of Corruption Act, which also led to sentencing of four years’ jail and penalty of Rs. 10 crore each for others who were accused under the act, namely, V. Sudhakaran, J. Elavarasi and Sasikala Natarajan.

The AIADMK chief has been seeking respite from confinement on the grounds of being a 66-years-old woman, who is suffering from many ailments.

As mentioned in the petition, it could take the Karnataka High Court four years to address her longing appeal. During this period, she would be required to languish in jail, awaiting her appeal to be heard.

One of her main factors that reflect in her petition is that when an appellate court acknowledges an appeal that aims to counter a conviction, suspending of sentence and permitting bail come about naturally, or else the appeal is caused to become irrelevant.

Her petition says that her term is that of simple and not rigorous custody, and it has been a norm to grant bail in such cases. The petition contends that allowing bail is a general rule which can only be refused under ‘exceptional circumstances’, which in this case are totally absent.

Quoting the 2012 Supreme Court judgment, the Karnataka High Court had cited corruption as a human right violation as per the ‘State of Maharashtra through CBI versus Balakrishna Dattatrya Kumbhar.’

Ms. J. Jayalalithaa’s advocates are expected to plead that the judgement in question was given in an issue that sought stay on conviction. In the present petition, just the suspension of execution of sentence is being asked for.

The former CM had made the appeal in the apex court, following dismissal of her bail plea by the Karnataka High Court. She asked for bail citing having no past record of misusing her liberty by creating any hindrance in the case’s proceedings.

AIADMK, J. Elavarasi and Sasikala Natarajan, Jayalalithaa Case, Supreme Court judgment, V. Sudhakaran

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Tushita

Tushita is a political writer at thenational.net. Her deep rooted interest in politics, passion for writing and craze for travelling define her. Writing since her school days, she aspires to write lifelong and make the world a happier place to live with the power of her pen.