Court Watch
ruption conviction. She is also the supremo of the national political party, All India Anna Dravida Mun- netra Kazhagam (AIADMK), which she has led since 1989.
In 1997, the government searched Jayalalithaa’s residence after receiving a complaint filed by Sub- ramanian Swamy. The raid unearthed 800 kg sil- ver, 28 kg gold, 750 pairs of shoes, 10,500 sarees, and 91 watches, among other valuable items. Other assets in question included her farmhouses and bungalows in both Hyderabad and Chennai and a valuable tea plantation in the Nilgiri Hills. The total aggregate value of her possessions was calculated at Rs. 66.65 crores (around $10 million USD) and was managed by the creation and use of multiple proxy accounts. Charges of corruption occurred because her assets were very dispropor- tionate the salary she reported.
8
The litigation involving Jayalalithaa dragged on for a period of 18 years. Allegations brought against Jayalalithaa included the misuse of her office in or- der to receive personal gratification or remunera- tion during her 1991-1996 term as Chief Minister of Tamil Nadu. She was ultimately charged for of- fences under Sections 120-B of the Indian Penal Code, 1860, read with Section 13(2), 13(1)(e) of the Prevention of Corruption Act, 1988.
After years of delay, the Supreme Court ordered the resumption of the trial in 2014, and dismissed Jayalalithaa’s plea to abate the case. In January 2014, the seized assets were inspected and then transferred to Bangalore from Chennai. Doubts were raised regarding the ability for Jayalalithaa to receive a fair trial in Chennai, forcing the case to be transferred to Bangalore, a city located in the neighboring state of Karnataka. The Supreme Court of India then instructed Jayalalithaa to ap- pear in person at the Special Court set up at Ban- galore’s Parappana Agrahara Prison.
The Special Court at Bangalore heard the mat- ter and convicted Jayalalithaa and three other in- dividuals, including her closest aides, under the
aforementioned provisions of the Prevention of Corruption Act of 1988. Jayalalithaa and her three co-defendants were thereafter sentenced to im- prisonment for four years under sections 120B and 109 of the Indian Penal Code, 1860. Jayala- lithaa was also ordered to pay a fine of Rs. 100 crores (approximately $16 million USD), adjusted from the properties that were confiscated, while the other three convicted defendants were fined Rs 10 crores (approximately 1 million USD) each.
Jayalalithaa was thereafter disqualified as Minis- ter of the Legislative Assembly (MLA) and Chief Minister of the State of Tamil Nadu. Damaging any prospective return to politics, Jayalalithaa will not be allowed to stand for elections for 10 years. Assembly elections are due in 2016, and unless her conviction is stayed or suspended by a higher court, she will not be allowed to contest. The ver- dict was passed on September 27, 2014, follow- ing which Jayalalithaa filed a bail petition with the Karnataka High Court on September 29, 2014. This petition was rejected and postponed for six days after which it was subsequently rejected by the Karnataka High Court Bench. On application to the Supreme Court, bail was granted to Jayalalithaa for two months, and her sentence suspended on October 17, 2014.
The political turmoil that took place in the after- math of her arrest was massive due to the cult status that Jayalalithaa has in Tamil Nadu. Her supporters often fondly call her “Amma”, meaning mother. Instances of violence took place through- out Tamil Nadu, and a number of police personnel were deployed across India’s southernmost state to maintain law and order. To curb the violence, the AIADMK chose O. Panneerselvam, a Jayalalithaa supporter, to replace Jayalalithaa as the new Chief Minister of Tamil Nadu.
The Prevention of Corruption Act, 1988 is legisla- tion in India enacted to curb corruption in govern- ment ranks, the bureaucracy, and within certain public sector undertakings. Public servants may
ILSA Quarterly » volume 23 » issue 2 » December 2014
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