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Her sari
was customarily green, her face as rosy as usual and the smile as plastic
as ever. AIADMK General Secretary and former Tamil Nadu chief minister
J. Jayalalithaa tried her best to keep a straight face, but failed on
December 4. She had just won an acquittal in the twin Tamil Nadu Small
Industries Corporation (TANSI) cases and the Pleasant Stay Hotel case.
The prima donna of Tamil politics could not control that extra spring
in her steps-and those pleasant soundbites that were never her style.
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BENEVOLENT AMMA: Jayalalithaa
was unusually courteous to the media
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Whether Jayalalithaa is showing signs of change is anybody's guess, but
the Madras High Court verdict acquitting her and the others accused in
the two cases portends changes in the political scenario beyond the borders
of Tamil Nadu. The landmark TANSI judgement came a little before 11 a.m
last Tuesday, when Justice N. Dinakar observed, "The prosecution
has not succeeded in establishing the offence with which the accused were
convicted and, therefore, I set aside the conviction and the sentence
imposed upon them." The judge observed that the property owned by
a corporation (TANSI) is not government property and hence it neither
attracts Section 169 of IPC nor violates the Election Commission's Code
of Conduct, which has no statutory force. He also found fault with the
Special Court judge. "In my view, the approach of the trial judge
has certainly caused prejudice to the accused in replacing the guideline
value (of the land) with market value." Market value, he felt, was
a matter of guesswork.
But this does not seem to be the last word on the case. Janata Party
leader and the original petitioner Subramanian Swamy says he will move
the Supreme Court challenging the verdict. Jayalalithaa was convicted
and sentenced to three years' rigorous imprisonment by Special Court-III
Judge P. Anbazhagan on October 9, 2000. The AIADMK leader was barred from
contesting the 2001 assembly elections, and was later ousted from the
chief minister's chair following a Supreme Court order disqualifying her
appointment.
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LADY'S MAN: Paneerselvam
distributed sweets to partymen after the verdict
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On December 4, Tamil Nadu had a second Diwali in quick succession, as
the enthralled AIADMK cadres burst serial crackers and lit fire pots.
"Ulagathin Muthalamaichar!" (The chief minister of the world)-the
frenzy of Amma-mania was competing with fireworks in front of Jayalalithaa's
Poes Garden residence. Chief Minister-by-default O. Paneerselvam went
around distributing sweets to partymen, policemen and reporters. In the
melee when India Today managed to ask him when he would be relinquishing
office to pave way for Amma's return, the ever-smiling chief minister
replied, "Laddu saappidunga, nalla irukku. (Have these laddus, they're
really good)." The next day, Paneerselvam made a sweet announcement
as a prelude to Amma's return: a partial rollback of the price hike effected
just four days ago. Jayalalithaa had instructed Paneerselvam to roll back
the price hike on power, PDS rice and bus fares so that she could enter
Fort St George amidst cheers.
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TWIN
DELIVERANCE |
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THE CASE
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THE JUDGEMENT |
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The TANSI Case: Jaya Publications and Sasi Enterprises
were accused of buying land from TANSI at a price far
lower than the market value.
The Pleasant Stay Hotel Case: Jayalalithaa
was charged with giving unfair exemptions for the construction
of a hotel in Kodaikanal.
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Market value is a matter of guesswork and the TANSI
property does not belong to the government, so no loss
to the exchequer can be established.
One year's RI quashed as the judge ruled out any conspiracy
citing the police finding that no illegal gratification
was involved.
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On the day of the judgement, Jayalalithaa remained inside the fortress
that is Poes Garden till 1 p.m. when the imposing gates were opened for
the surging crowds at last. Coming out of the house, Jayalalithaa betrayed
no emotions. But then, there were subtle signs of happiness. "It's
too noisy here. Shall we go in?" an overtly courteous Jayalalithaa
led reporters to a room. As the photographers went on clicking before
she started speaking, Jayalalithaa said, "You never get enough. Take
as much as you want." Then, as she found just a couple of microphones
in front of her, she told a security man, "Please let all the TV
channels in." Those who expected a scathing speech on how she was
victimised were in for a disappointment as Jayalalithaa spoke: "I
have been acquitted from all the three cases due to God's grace. I have
been consistently maintaining that the cases were foisted on me and now
my innocence has been proven. Now there are no legal hurdles for me to
become chief minister." She went on to add that she would be contesting
from Aandipatti, one of the three constituencies from where her nominations
were rejected.
What she did not say was that she has been exploring the possibility
of resuming power even before the by-election. Jayalalithaa was eager
to become the chief minister as early as possible, but her legal consultants
cautioned her against such a move. An AIADMK insider confides, "Amma
appeared keen to take on the mantle without delay, but senior lawyers
were of the opinion that even if there was legal validity to do so, anyone
could file a public interest petition against it under Article 164(4)."
A recent Supreme Court order in a Punjab case makes it clear that a person
cannot continue as chief minister for a second term of six months without
getting elected to the Assembly. AIADMK lawyers argue that Jayalalithaa
was chief minister for only four months and that, too, was treated as
void by the Supreme Court order. Besides, the Aandipatti by-election is
yet to be notified by the Election Commission. But she was advised it
was more prudent to wait rather than get into more legal disputes.
Fortunately for Jayalalithaa legal disputes are on the wane. She now
stands exonerated in the Pleasant Stay Hotel case also, in which she was
convicted and sentenced to one-year rigorous imprisonment in February
2000. The case, which put Jayalalithaa in the dock for allegedly giving
undue exemptions for the construction of a hotel in Kodaikanal, had been
another major embarrassment to the AIADMK. Amidst the celebration, Jayalalithaa
declared: "This is a rebirth of the AIADMK."
Perhaps a realignment of political configurations too. While Jayalalithaa's
bete noire and DMK President M. Karunanidhi said he always "respects
justice", its ally the BJP welcomed the verdict and added that "everyone
has to accept it". There are clear signs of the BJP getting close
to the AIADMK once again.
The bitter experience of the AIADMK pulling down the previous BJP government
at the Centre notwithstanding, both the parties seem to be thinking of
a symbiotic friendship. As for the numbers in the Lok Sabha, AIADMK has
12 MPs and the DMK 11. However, the BJP cannot take an abrupt decision
to dump the DMK. A majority of the state BJP leaders seem to be in a mood
to renew ties with the AIADMK, which they consider a "more natural
ally" than the DMK. The AIADMK has been sending messages of friendship
to the BJP for some time now, the latest being its support to the controversial
Prevention of Terrorism Ordinance (POTO).
Moreover, all is not well between the BJP and the DMK. A majority of
the BJP functionaries at a recent state executive meet complained about
the lack of cooperation of DMK cadres in the recent local body elections.
In the event of the AIADMK joining hands with the BJP, the state politics
could well witness a sea change. The TMC, which severed its ties with
the DMK because of the latter's association with the BJP is unlikely to
continue with the AIADMK front. The Congress, which floated a third front
to fight the local body elections, has already distanced itself from the
AIADMK.
On the brighter side, Jayalalithaa now has the best opportunity to show
what good administration is. She can flaunt her "innocence"
in good measure, at least till the next eruption of allegations.
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