It’s great news that the Supreme Court saved the country of infamy by doing its job finer than expected. The court rightly convicted Sasikala, an erstwhile video parlour owner, busy wreaking havoc in Tamil Nadu after the death of co-convict Jayalalithaa by capturing elected representatives through intimidation and dangling stolen public money bait. Around 2011, it is rumoured, Narendra Modi had warned the filthy rich ‘Amma’ that someone outwardly intimate was hatching a conspiracy to have her terminated by a clever method of slow poisoning. Something went wrong subsequently and Sasikala was thrown out of Amma’s household. But she proved innocence and loyalty by abandoning her spouse and family and soon landed as Jaya’s shadow.
But it is time Tamil people looked for a new leader who is not selling Amma to survive. Though it’s not exactly proper to malign a dead person, the truth is that Amma has been proven guilty. God saved her when alive. God saved Tamil Nadu as well. If Chinnamma had become Chief Minister before landing behind bars, on record Tamil people would have had two thieves as chief executive consecutively. Amma was at least a brag-donor. She gave a variety of sops to all communities bought with money from the people’s treasury. But Chinnamma would not know the joy of giving. Meanwhile, Sasikala has christened herself Chinnamma meaning in Tamil mother’s younger sister. Only perhaps because she has access to Jaya’s riches, the goods and the coordinates, that every AIADMK member is mad to cling to her. Amma had made O Panneerselvam CM. Post Amma, Chinnamma captured the former’s palace and declared her Amma’s sole political successor and forced Panneerselvam to step down. But soon enough, the dethroned guy realised that Chinnamma, without any direct electoral participation or recognition, would prove disastrous for the party. So, he turned around and staked claim with MlAs escaping from Chinnamma’s camp though the exodus has remained rather faltering until now.
As experts would believe, the AIADMK must be disbanded wholly and fresh elections declared. late Amma was no saint. She amassed much wealth. Chinnamma got her nephew into Amma’s lap as baby and had him wedded to a celebrity kid at the latter’s expenses. A hundred-crore- rupee ceremony had one and a half lakh guests; the diamond-loaded bride stood on a 75,000 square-foot stage; and there were 25 huge dining halls feeding who’s who of India. International journals reported that even diamond-crazy Hollywood star Elizabeth Taylor may not have set her eyes on so many diamonds in her lifetime, let alone wear.
Justices PC Ghose and Amitava Roy would occupy history book for striking down one of the glaringly terrible High Court verdict. The Single-Bench judge CR Kumaraswamy must now come under scanner. He had passed the judgement just two months before retirement. The apex court indicted former Jayalalithaa posthumously and her three co-accused, including VK Sasikala, of hatching one criminal conspiracy after other at Poes Garden to launder the ill-gotten wealth of Jayalalithaa for purchasing huge properties in the names of "masked fronts”.
The Supreme Court said Jayalalithaa did not accommodate Sasikala at Poes Garden out of some "philanthropic urge" but with coldblooded calculation to keep herself secure from any legal complications, which might arise from their criminal activities.
Some facts about Chinnamma:
A high school dropout from Mannargudi in Tiruvarur district, she was highly recommended to Jayalalithhaa in 1980 by IAS officer-turned-politician VS Chandralekha on the request of her PRO R Natrajan, Sasikala's husband, by the former's husband M Natarajan, then a Government public relations officer. She was a regular visitor at Jayalalithaa's house. She and husband finally moved into it in 1988.
After Jaya's death, Sasikala returned to Poes Garden and, as Jaya has not left any will behind, she continued occupying the house that does not belong to her even today. And it is this house that she draws all her powers from and it is under the tutelage of Jayalalithaa that she learnt all the political manoeuvring that is now on display in Tamil Nadu. Panneerselvam himself was promoted by none other than Sasikala and her nephew TTV Dinakaran.
In the Jayalalithaa disproportionate assets case, the trial court had conclusively convicted all prime accused with ten years of imprisonment and a fine of 100 crore rupees. But the High Court judge upset the verdict by citing one of the worst precedents from the Madhya Pradesh High Court. Justice Kumaraswami believed every word put up by the defence: that the value of assets as quoted by the Income Tax Department differs from the figures the judge uses to deliver his verdict. There is no explanation given for this difference; hence, this discrepancy is not acceptable, and we move for acquittal. The judge bought this argument and acquitted the accused. Strangely, when there is a newer Prevention of Corruption Act 1988, it was strange to cite a judgement from 1976 which was tried according to the 1947 law. All possible loopholes in the system were brazenly used by the defence and merrily accepted as gospel truth by Justice Kumaraswamy. So, the day he retired, RTI activists alleged that he had been allotted a flat by the Karnataka Housing Board in 1997 when he was District and Sessions Judge in Kolar, which was then allegedly cancelled by him in exchange for an independent house in Mysuru. According to RTI documents obtained by advocate ARS Kumar, Justice Kumaraswamy’s wife MN Nagarathnamma was allotted a Bengaluru Development Authority site in 2005, and he had also been allotted a flat by the Karnataka Judicial Housing Building Cooperative Society limited in 2006, allegedly in violation of the society’s norms.
Justice Kumaraswamy hails from Malavalli in Mandya district, and Jayalalithaa, at the centre of the case that made him famous, was born in Melukote, another village in the same district. Justice Kumaraswamy obtained a degree in law from a college in Bengaluru and practised as a lawyer for 12 years, taking on both civil and criminal cases, as also those involving labour. He was made a judge of the Karnataka High Court in 2005; and two years later, his tenure was made permanent.
Rejecting the trial court's conclusion that most of the 'ill-gotten' money of the then Tamil Nadu CM was used for purchasing properties and starting companies in the name of the other three accused persons, Sasikalaa, J Elavarasi and VN Sudhagaran, Justice Kumaraswamy said there was a 'positive evidence' to show that they had taken loans for more than Rs 24 crore. Though the prosecution had recorded the evidence of about 259 witnesses, it mainly relied on registration of 165 documents - sale deeds and registration of documents at the residence of Jayalalithaa, the judge said. The prosecution case was that she amassed wealth and parted with it to the other three to acquire agricultural lands, sites and 32 firms and companies, he added. Rejecting the claims, he said, "There is a positive evidence to the effect that the accused firms and companies have borrowed a loan in a sum of Rs 24.17 crore. Besides, they also borrowed loans from private parties. This loan borrowed by private parties has not been considered by the court."
Convinced that this amount had been utilised for purchase of agricultural lands, sites, firms and companies by Jayalalithaa's associates, Justice Kumaraswamy said, "Therefore, the question of Jayalalihtaa abetting the other three accused for acquiring immovable properties does not arise...Evidence on record discloses that Jayalalithaa's three associates have borrowed huge amount and acquired the immovable properties like agricultural lands, legal entities. The source of income is lawful. Object is also lawful."
Now, Amma is no more. Chinnamma is on her way to jail. Panneerselvam is failing to garner enough support to stake claim. The Chinnamma nominee is without much public credibility. It looks as if with Jayalalithaa, the AIADMK days are nearly over.
Fortunately, most taints on the judiciary have been wiped off by the Supreme Court in good time. Supreme Court judges pass orders without fear or favour except a miniscule few who have invariably been identified. Justice Kumaraswamy should be having sleepless nights.
(The writer is a core member of Transparency International, Odisha)