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How the DA case verdict went against Sasikala: Read full judgment and operative parts

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Rudhran

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The verdict that scripted Tamil Nadu’s political future….

Praises pour in for Supreme Court for its timely entry….

[h=1]How the DA case verdict went against Sasikala: Read full judgment and operative parts here[/h]The SC upheld the calculations and conclusions of the trial court, and dismissed the Karnataka HC’s computations as wrong.
The Supreme Court, in a weighty 570-page judgement, sealed the immediate political fate of AIADMK General Secretary VK Sasikala by finding her guilty in the Disproportionate Assets case.

Stating that the evidence of existence of disproportionate assets is unassailable, the Supreme Court said that there was no need for itself to make any independent calculations as the Karnataka High Court had done when acquitting late CM Jayalalithaa and Sasikala in 2015. The two-judge bench comprising of Justices PC Ghose and Amitava Roy, instead, dismissed the HC’s calculations as a “completely wrong reading of the evidence on record compounded by incorrect 557 arithmetical calculations.”
The Court stated that the evidence led to the conclusion that the accused A1-A4 (Jayalalithaa, Sasikala, Sudhakaran and Ilavarasi) had entered into a conspiracy, and Jayalalithaa had amassed assets disproportionate to her income which she had dispersed among the others. The charge of abetment against Sasikala and her family members was also found to be proved, the Court said.

The Bench also stated that there was no reason to consider the jurisdiction of the case under the Prevention of Corruption Act, 1988, was not divested simply because the only public servant in the case (Jayalalithaa) had died. The bench agreed with the Special Court that private individuals could be prosecuted under the law, “on the ground that they have abetted the act of criminal misconduct falling under Section 13(1)(e) of the 1988 Act committed by the public servant.”

The Court further pointed out a variety of circumstances in the case that proved the existence of a conspiracy among the accused. Firstly, the court says, the circumstances in which Jayalalithaa issued a General Power of Attorney in favour of Sasikala relating to Jaya Publications, showed that she wished to make herself secure from the funds moving through the company.

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Rudhran

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DA case: Justice Roy blasts Jaya and co, says ‘magnitude of nefarious gains’ is ‘startling’



Read
the judge’s damning supplement to the DA case verdict

The Supreme Court of India today declared Jayalalithaa, Sasikala, Ilavarasi and Sudhakaran guilty in the disproportionate assets case. The 20-year-long legal battle has seen several twists and turns, each altering the course of Tamil Nadu’s political future. The DA case story has ended with the conviction of Sasikala and others, with the SC upholding the trial court order. But it came along with a few harsh words from one of the justices who pronounced the order, Amitava Roy.
In a rather acerbic supplement to the verdict, the judge writes that the ‘disquieting thoughts’ in his mind have to be expressed at this juncture.

Stating that the facts of the case demonstrate a “deep rooted conspiratorial design to amass vast assets without any compunction” and “deceive and delude the process of law”, he writes, “the magnitude of the nefarious gains as demonstrated by the revelations in the case are, to say the least, startling.”

He notes that we acknowledge the “all-pervading pestilent presence of corruption”, he says that judges require moral maturity and while adjudicating corruption cases.

He states that a ‘collective, committed and courageous turnaround is thus the present day imperative to free the civil order from the suffocative throttle of this deadly affliction.’
Read his full supplement here.

A few disquieting thoughts that have lingered and languished in distressed silence in mentation demand expression at the parting with a pulpit touch. Hence, this supplement.


The attendant facts and circumstances encountered as above, demonstrate a deep rooted conspiratorial design to amass vast assets without any compunction and hold the same through shell entities to cover up the sinister trail of such illicit acquisitions and deceive and delude the process of law. Novelty in the outrages and the magnitude of the nefarious gains as demonstrated by the revelations in the case are, to say the least, startling.

A growing impression in contemporary existence seems to acknowledge, the all pervading pestilent presence of corruption almost in every walk of life, as if to rest reconciled to the octopoid stranglehold of this malaise with helpless awe. The common day experiences indeed do introduce one with unfailing regularity, the variegated cancerous concoctions of corruption with fearless impunity gnawing into the frame and fabric of the nation’s essentia. Emboldened by the lucrative yields of such malignant materialism, the perpetrators of this malady have tightened their noose on the societal psyche. Individual and collective pursuits with curative interventions at all levels are thus indispensable to deliver the civil order from the asphyxiating snare of this escalating venality.

In the above alarming backdrop of coeval actuality, judicial adjudication of a charge based on an anti-corruption law motivated by the impelling necessities of time, has to be informed with the desired responsibility and the legislative vision therefor. Any interpretation of the provisions of such law has to be essentially purposive, in furtherance of its mission and not in retrogression thereof. Innovative nuances of evidential inadequacies, processual infirmities and interpretational subtleties, artfully advanced in defence, otherwise intangible and inconsequential, ought to be conscientiously cast aside with moral maturity and singular sensitivity to uphold the statutory sanctity, lest the coveted cause of justice is a causality.

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drsundaram

Well-known member
Irrespective of what the AIADMK cadres might say, Jayalailtha and her 'bosom' friend Sasikala are born criminals.



Sasikala is among the most powerful people in Tamil Nadu. Ministers bowed before her, MLAs made a beeline for her. Having been a close aide of the iconic Jayalalithaa, Sasikala's political power is the stuff of many a whisper. Her power is not only political, it is also economical.
Sasikala and her family control many multi-million dollar businesses, most remarkably, Midas distilleries - the entity that is the biggest supplier of alcohol to Tamil Nadu government's liquor distribution firm.
She is also said to have been instrumental in appointments at different levels of the state administration. All those cynical about prospects of justice in India would have bet that a woman so powerful was untouchable.
Yet, despite all her political, administrative and financial clout, Sasikala has still been made accountable for her crimes. Hers is a conviction that makes ordinary folk believe that justice may be delayed but it cannot be avoided. It holds out the message loud and clear - "be you ever so high, the law is above you".



Moments after she was convicted and sentenced for four years by the Supreme Court, Chinnamma's lawyers suggested she isn't willing to go to jail in a hurry. Her lawyers said she will seek a month's time to surrender because of 'ill health'.
Sasikala looks like a person who is impatient, full of hubris, quick to anger and used to getting her way in life. The hallmark of such people is their inability to come to terms with a situation where they have absolutely no control over the narrative and their fate is no longer in their hands. In spite of clear indications, they fail to realise that the time when their wish would be followed like a command is over. So, Sasikala, like the Queen in Alice in Wonderland, has now expressed another wish: To stay home till her health permits her to go to jail.
Up until a few hours ago, Sasikala appeared to be in peak form, smiling, flashing the V sign, scheming, yelling and threatening her adversaries with the ferocity of a tigress. Every time cameras panned to her ruddy face, she seemed in pink of health, resplendent in her colourful sarees and the large bindi that has become the hallmark of her personality. The face looked gaunt and stern, but, no, there was no sign of any illness, real or perceived.
It is obvious she has caught the illness that inflicts every politician the moment they are caught on the wrong side of the law. The spectre of punishment descends on them like a dreaded ghost, turning them pale, breathless and with a dull pain in the chest. Maybe, someday it will be diagnosed as 'post-punishment depression' or 'pre-incarceration syndrome'.
The cure for Sasikala's ailment is just this: Immediate arrest by cops and incarceration. Sasikala has already been allowed the luxury of time. Punishment for her in this case has come after 21 years of delays and let-offs. Even the SC verdict announced on Tuesday was pending for almost 8 months. Now, like an ordinary criminal, she should be put behind bars, if not willingly than kicking and screaming. Allowing her the luxury of time on the pretext of ill-health would be a travesty of justice.
Allowing Sasikala the luxury of freedom is dangerous because of the enormous power she wields on the AIAMDK in spite of being an extra-constitutional authority. Chinnamma has already caused a lot of political turmoil in Tamil Nadu because of her greed, power-lust and impatience. Letting a convicted criminal to meddle with the state's destiny would be nothing short of a crime.
 
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