States: Tamil Nadu; Down for Now

India Today
Nov 16,1998

TAMIL NADU
Down for Now

With Jayalalitha cornered, the DMK will push for a speedy trial in order to finish her off politically.

By L R Jagadheesan

J Jayalalitha In her stormy decade-long political career, AIADMK supremo J. Jayalalitha has had several ups and downs. Having made a spectacular comeback in the parliamentary polls this year after her crushing defeat in the Tamil Nadu assembly elections in 1996, the AIADMK chief was on a roll. Even dictating terms to the BJP-led coalition at the Centre, in which her party is a partner. But reality came crashing down on her last week when the Madras High Court upheld the constitutional validity of the special courts set up to hear the cases of corruption against her, her cabinet colleagues and several others.

The division bench, comprising Chief Justice M.S. Liberhan and Justice E. Padmanabhan, dismissed the arguments put forward by Jayalalitha and 30 others that the special courts were set up to "politically annihilate" them. According to the bench, "The argument is an attempt to wriggle out of the situation ..." The special courts were set up by the state Government in April 1997 -- almost 10 months after the DMK came to power in the state -- to conduct speedy trials in corruption cases against Jayalalitha and others.

Though the verdict came as a blow, Jayalalitha hasn't given up the fight yet, saying she would move the Supreme Court against it. "We have a very strong case," she declares. Chief Minister M. Karunanidhi, who described the judgement as a victory for the people of the state, however, says, "The state Government will take all legal steps to challenge Jayalalitha's appeal in the Supreme Court." The judgement has vindicated the state Government's contention that there was no vendetta in prosecuting the former chief minister and her cohorts for their alleged misdeeds, he said. While both the accused and the Government are set for a legal battle in the apex court, many in the state feel the judgement came too late. "I think the law has been interpreted rightly, but after inordinate delay," says political analyst Cho Ramaswamy. "Delay should be avoided in these kinds of cases because it benefits the accused."

The judgement has had an electrifying impact on both state and national politics. Many saw the judgement as a severe setback to Jayalalitha -- legally and politically -- which will weaken her bargaining power at the Centre. Her control over minor partners having already slipped, the AIADMK has almost severed links with the PMK, MDMK and the Thamizhaga Rajiv Congress, saying they were now only BJP allies. The leaders of these parties have refused comment on the judgement and only Subramaniam Swamy has extended support to Jayalalitha. BJP state Secretary L. Ganesan said the judgement shows that the judiciary in the country functions independently "without any political interference". It also shows that the rift between the AIADMK and the BJP is widening.

As the case now moves to the Supreme Court, the ruling DMK is looking forward to it upholding the high court order. They point out that the court had recently ordered the Bihar Government to set up special courts to try corruption cases against Laloo Prasad Yadav in a time-bound manner. "The court has already set a precedent," says a DMK leader. Jayalalitha, on the other hand, hopes that the case will drag on in the Supreme Court just as it did in the high court. "Even 16 months after the state Government constituted the three special courts, trial has not commenced in any of the 40 or so corruption cases against Jayalalitha and her colleagues," observes senior advocate K.M. Vijayan. The accused had filed about 30 writ petitions in June last year challenging the state Government order, the constitution of special courts and the allotment of 46 cases to them. The purpose was obvious: to delay the course of justice.

AIADMK leaders feel there will be enough loopholes to exploit to ensure that the cases will get stuck in a legal quagmire. Says a confident V.R. Nedunchezhian: "Even if the special courts convict, we will go back to the lower court, upper court, high court and drag the case on and on." That may be a case of carrying hope a little too far, as Karunanidhi is sure to spare no effort to ensure a speedy trial in the special courts. If luck favours Karunanidhi, an adverse verdict anytime before mid-2001, when the next assembly elections are due, may well finish off the political career of the impetuous lady from Poes Garden.

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