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COVER STORY: JAYALALITHA
Will Law Bow To People Power?
Most of the case
files involving the AIADMK's queen bee are marked "The State of Tamil
Nadu vs J. Jayalalitha". Now Jayalalitha, Louis XIV like is the state.
The people's mandate has a wicked twist in the tale. On a more serious
note, Jayalalitha has six months to get herself elected to the state Assembly
and to tighten her grip on the administration.
The second process has already begun. Within
days of taking over, she transferred three top, allegedly Karunanidhi-friendly
police officers, including the commissioner of Greater Chennai. Unmindful
of the conventional executive-legislature equations, she appointed C.S.
Janakiraman, a retired loyalist, principal secretary in the assembly secretariat.
This five-year contractual job is unprecedented. The assembly establishment
is usually looked after by a secretary answerable to the speaker and insulated
from the government.
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Jayalalitha
is likely to use the "people's court" logic to stay on
in office but would want the EC to remove the bar on her contesting.
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On polling day, May 10, there was an attack on
the DMK election office in Chennai. It led to a street fight between the
supporters of Parithi Elamvazhuthi (DMK), deputy speaker in the outgoing
assembly, and John Pandiyan (AIADMK). Pandiyan was immediately arrested.
With the change of guard, it was Elamvazhuthi who found himself behind
bars on May 17. Jayalalitha's ruling mantra seems to be, "Vengeance,
mine."
Intimidation of political rivals may create
a "conducive atmosphere" but will not iron out constitutional
wrinkles. There are five possible routes for Jayalalitha to stay on as
chief minister.
One, sabotage the cases against her. Soon after
the election results, three special public prosecutors (PPS) in Jayalalitha's
cases-R. Shanmughasundaram, A.V. Somasundaram and K.E. Venkataraman- resigned.
Says an AIADMK advocates' wing office bearer: "The new pp, while
winding up the argument before the court, can say that he doesn't have
enough evidence to prove beyond reasonable doubt the charges against the
accused (Jayalalitha). What can the court do then?"
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OPINION
V.P. Singh, former prime minister
Corruption Is
A means Of Defence
The BJP started it all. Kalyan Singh, who
was jailed for a day in the Babri Masjid demolition case, assumed
office as chief minister. That set the precedent. Now, you have
three BJP leaders-L.K.Advani, Murli Manohar Joshi and Uma Bharati-chargesheeted
in the same case, holding key positions in the Union Cabinet. The
BJP has even justified such an impropriety, saying the cases were
politically motivated. Jayalalitha says the same thing. The corrupt
cite each other's case. Corruption has actually become a means of
defending oneself. Instead of blaming each other, political parties
should evolve a code of conduct to deal with these situations.
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Two, there is speculation the special courts
may be dismantled altogether. Jayalalitha's Congress allies could provide
useful tips. In 1979, the Janata government set up two special courts
to try Indira Gandhi for corruption. Justice M.L. Jain presided over special
court II. In January 1980, one day after Mrs Gandhi was sworn in as prime
minister following her victory in the general election, Jain announced
that the tribunal he was heading was unconstitutional. It was a convenient
reprieve.
As convenient is solution three. K.P. Krishnashetty,
one of Chennai's leading constitutional jurists, points out, "There
is a provision in the RPA in Section 11 that says the EC may remove the
disqualification or reduce the period for reasons to be recorded. Jayalalitha
should have sought the EC's order for removal of the disqualification
before claiming chief ministership. Even now, she can do so. Since she
has the mandate, it is likely to be accepted."
With a new chief election commissioner (CEC),
J.M. Lyngdoh, and a new election commissioner, B.B. Tandon, taking charge
on June 14-when CEC M.S. Gill retires-there is already talk of an NDA
Government-blessed post facto ratification of Jayalalitha's position;
or even an abrogation of the circular of August 1997. In either case,
Amma can contest a by-election and rule happily. Next Jayalalitha can
go to the Supreme Court, appealing that it stay her conviction in as many
words, something the Madras High Court did not do.
Option five is admittedly unorthodox. Jayalalitha
can be chief minister for five months and 29 days, resign for a day and
then be sworn in again. She could complete five years taking 10 such one-day
breaks. Is this probable? "Possible," remarks Cho Ramaswamy,
well-known Chennai journalist. In politics, everything is.
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