DA case: Jayalalithaa denied bail, judge says corruption akin to 'violation of human rights'

Jailed former Tamil Nadu Chief Minister Jayalalithaa, undergoing four-year imprisonment in a graft case, was today refused bail by the Karnataka High Court which held that there were no grounds for it as corruption amounts to "violation of human rights" and must be dealt with seriously. The order, that came as a blow to the 66-year-old AIADMK chief and shocked her supporters outside, was delivered by Justice A V Chandrashekhara despite the Special Public Prosecutor Bhavani Singh saying he had no objections to grant of conditional bail to her. There "are no grounds" to give bail to Jayalalithaa.

Corruption amounts to "violation of human rights" and leads to economic imbalance, the judge observed in his order delivered in a packed court room amidst tight security in the court complex. Jayalalithaa's lawyers are planning their next strategy on approaching the Supreme Court at the earliest to challenge the order. AIADMK MP and lawyer A Navaneethakrishnan said they are awaiting a word from Jayalalithaa who has been in the central prison here since her conviction on September 27.

The judge said corruption had become a "serious malady in human history" and noted that the Supreme Court has repeatedly directed that graft cases should be disposed of on top priority basis. He also held that there is no reason to extend the benefit of suspension of sentence to the four accused, including Jayalalithaa. Justice Chandrashekhara said corruption should not be lightly dealt with. It had to be dealt with seriously as otherwise, "it will become a disease in our society." The SPP had earlier filed objections to suspension of the sentence and bail in writing but today told the court during hearing that conditional bail could be granted to Jayalalithaa and three others.

As word of the SPP's stance spread, celebrations broke out among delirious AIADMK supporters near the jail and the court as they burst crackers and danced in joy. But the celebrations were shortlived, giving way to a state of shock when the verdict was out. Women supporters wailed while some men laid themselves flat on the road. Pleas by Jayalalithaa's close aide Sasikala and her relatives V N Sudhakaran, also disowned foster son of former Tamil Nadu Chief Minister, and Ilavarasi, for suspension of sentence and bail were also rejected by the court. "My client will take a call," senior counsel Ram Jethmalani, who appeared for Jayalalithaa, told PTI, after the verdict when asked whether they will approach the Supreme Court.

Citing a court judgment, Justice Chandrashekara said "the suspension of sentence and grant of bail cannot be asked as a matter of routine (saying) that the accused was on bail during the trial and did not misuse the liberties granted." Azmath Pasha, counsel for Ilavarasi, said "tomorrow is holiday. We will get the verdict copy on October 9 and file Special Leave Petition on October 10 in the Supreme Court. All the four... we are approaching." Strongly pleading for immediate bail to Jayalalithaa, Jethmalani cited several Supreme Court verdicts, including the one granting relief to his client former Bihar Chief Minister Lalu Prasad, in the fodder scam. The court did not accept the submission, with the judge noting that Lalu Prasad had spent 10 months in jail before being granted bail by the apex court.

Jethmalani pleaded for suspension of the sentence by the special court which had sent her to four years in jail, pending her appeal against it. He also told the court, which took up the matter today after the vacation bench had adjourned it on October one, that the "regular practice" was to give bail. Jethmalani also said appeals should be heard within a reasonable period of time.
Criticising the judgment of the Special Court in the Rs 66.65-crore disproportionate case, he said assets prior to the period between 1991 and 1996 (when Jayalalithaa was Chief Minister) could not be taken into account. There was nothing disclosed in the conduct of Jayalalithaa to show that she might abscond, he contended.

Counsel Amit Desai, appearing for Sasikala and Sudhakaran, pleaded for bail and suspension of the sentence, telling the court that no witness talked of assets acquired by the accused and suspicion cannot take the place of evidence. Special Court Judge John Michael D' Cunha had, in his September 27 verdict, held Jayalalithaa and three others guilty of corruption that unseated her as Chief Minister. He had slapped a fine of Rs 100 crore on Jayalalithaa and Rs 10 crore each on the three other accused. In her petitions, Jayalalithaa has maintained that the charge of amassing wealth against her during 1991-96, when she was chief minister for the first time, was false and that she had acquired property through legal means.

Tight security was put in place around the Karnataka High Court complex with policemen deployed in good strength anticipating rush of AIADMK supporters and leaders. Prohibitory orders are in force in the vicinity of the court and also Parappana Agrahara Jail, close to the entry point from Hosur on Karnataka-Tamil Nadu border where police kept a close vigil on entry of vehicles. Sasikala, Sudhakaran and Ilavarasi are also lodged in the same prison.