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Will J. Jayalalithaa emerge victorious in the appeal verdict on 11th May

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biswa said:
Howwill millions be uplifted from poverty if money is being stolen by politicans?That is why the corrupt need to be prosecuted and convicted.
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Okay, then can we please start with people who have looted > 10,000 Crs ???? like from Vadra, Manmohan, Sonia/Rahul, Kapil Sibal, etc… ??? & black money hoarders who have looted something like 15 lakh crores...

OR

You insist only Jaya has to be crucified for 2.2 CR or 22Cr ?? & only with “Jaya crucified”, the corruption will be eradicated & India will enter the treat yuga ?? or some such thing… & the Govt, courts, media, public.. should continue to discuss the # of sarees, marriage pandal expenses, toilet expenses, etc... ???

LOL !!

For the record, stopping corruption will not uplift the millions from poverty… “Brilliant, Competent & meritorious leadership” alone will uplift them… Jaya has proven to be a brilliant statesman in this area & has uplifted already millions out of hunger by her social schemes…
 
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from such incidents, the legendary Indian Crab mentality story originates... Jaya is doing yeoman work in TN for the poor & many are hell bent in pulling her down & hoist another useless govt... so that all good work can be destroyed by the "nincompoops" who will occupy the chair...
 
VB Ji - are you aware of the "level of corruption in other states" ??? or for that matter the "level of corruption" in the central govt... if not, I would suggest you to read them, you will be stunned at the level of corruption & you will be happy with the "level of corruption in TN".. & thank God, we are all living here. :) :)
 
1. Our judicial system lacks cohesion and efficiency. It has not moved with times and remains standstill. It is a fossil.

2. The judgments are voluminous theses written on this and that and many a time have no relevance to the case in hand.

3. Jayalalitha is not a woman who took a train from Tiruvaroor/Bangalore to Madras without a ticket to start building up a fortune with straight and non-straight means.

4. she was born with a silverspoon and studied in the best of schools in Madras of her time.

5. She has acted in more than a 100 films and has built up a fortune by dint of hard work combined with talent.

6. Her choice of MGR as mentor and life partner was her private choice for which she had a right.

7. Even for a murder convict the maximum punishment is given in law only when the motive for the murder is proved beyond doubt. If the motive is absent the accused is given a light punishment or even released.

8. JJ does not have an extended family of manaivi, thunaivi, stepney and the hoard of children begot from them or a nephew and niece whose children and grand children are to be bequeathed with wealth. The day JJ leaves this world the assets earned and owned by her will go to the public of TN as per her choice. So there is no motive to extract bribe from people who dealt with her in power.

9. Even if her deputies took bribe it is the system that has to be blamed. The Govt. should bring in legislation to determine the funding of elections to political parties and strictly bar the political parties from contesting elections if they take bribe.

10. JJ eminently deserves freedom. It will be a miscarriage of justice if she is punished.
 
8. JJ does not have an extended family of manaivi, thunaivi, stepney and the hoard of children begot from them or a nephew and niece whose children and grand children are to be bequeathed with wealth.
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Understood , but her stupidity of adopting a so called Foster Son( and later disowning him ) and doing a Mega Marriage and also bringing in the Mannargudi Gang into her Poes Residence and allowing them to play with the money , property ( both hers as well as others ) has resulted in this mess . Karunanidhi used the term " kooda natpu kedai mudiyum " , when Kanimozi was put in Tihar Jail due to the 2G Scam and everyone were wondering whose friendship was he referring to and I do not know whom he referred to but it definitely applies to Jaya's association with the Mannargudi Gang .
 
Will J. Jayalalithaa emerge victorious in the appeal verdict on 11th May.

Section 362 in The Code Of Criminal Procedure, 1973

362. Court not to after judgement. Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.

Court Not to Alter Judgment:
Once the Judge or Magistrate has signed its judgment or final order disposing of the case, it becomes final so far the Court is concerned. The Court then becomes functus officio and, therefore, has no power to alter or review the same except to correct a clerical or arithmetical error.
Such an error may have occasioned due to accidental slip or omission which the Court never intended and it is an error apparent on the face of the record which may be rejected. An arithmetical error is a mistake of calculation and a clerical error is mistake in writing or typing. ( Section 362 of Code of Criminal Procedure, 1973 (Cr.P.C.) ? Explained! )

Brahmanyan,
Bangalore.
 
Court Not to Alter Judgment:
Once the Judge or Magistrate has signed its judgment or final order disposing of the case, it becomes final so far the Court is concerned. The Court then becomes functus officio and, therefore, has no power to alter or review the same except to correct a clerical or arithmetical error.
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This Jaya case is a classic case where after rectifying the arithmetical error the judgement itself has to be changed . I do not know whether Indian Judiciary has faced a similar situation in the past or is this the first one ?
 
I think this is related to the steinz murder case, and the accused dara singh was convicted by justice sadasivam. These words 'there was strong resentment against evangelical activities' in the original judgement (by Sadasivam) were deleted by CJI Katju. Neither typo nor clerical error. Was discussed in some forums. Of course verdict was not touched.
 
sarang said:
I think this is related to the steinz murder case, and the accused dara singh was convicted by justice sadasivam. These words 'there was strong resentment against evangelical activities' in the original judgement (by Sadasivam) were deleted by CJI Katju. Neither typo nor clerical error. Was discussed in some forums. Of course verdict was not touched.
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Two days back on TV , a lawyer said that even if clerical/typo errors are to be rectified they have to inform both the parties involved before doing the same and seek their approval .
 
mkrishna100 said:
Understood , but her stupidity of adopting a so called Foster Son( and later disowning him ) and doing a Mega Marriage and also bringing in the Mannargudi Gang into her Poes Residence and allowing them to play with the money , property ( both hers as well as others ) has resulted in this mess . Karunanidhi used the term " kooda natpu kedai mudiyum " , when Kanimozi was put in Tihar Jail due to the 2G Scam and everyone were wondering whose friendship was he referring to and I do not know whom he referred to but it definitely applies to Jaya's association with the Mannargudi Gang .
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The foster son's marriage was an opportunity created to flaunt the jewellery and sarees JJ had. It is a weakness of all women. It is the same as elaborate party conferences in which liquor and thalappakattu biriyani flows in large quantities and the thalaivar is adorned a malarkireedam or presented a purse or a golden sword. These are the instruments designed to satisfy the ego and dazzle before the gullible youth and general public whose votes are needed.

As for the Mannar Gang it is simple caste arithmatics of TN. Any pollitician in TN needs the Mukkulaththore community on his side because that community is not only large, it is also preponderant in almost all districts except the north and west of TN. The gang belongs to this community. JJ needed a live and efficient channel to watch and keep under control this community. The gang gave the much needed field level intelligence input to JJ after the death of MGR. Even MGR depended on this community for his political survival. His first MLA from the Dindigul constituency in which ADMK trounced the DMk after his split with DMK was from this community (he was Maya Thevar). So it is compulsion that keeps the company of the Gang a survival strategy for JJ. A leader who has mukkulathore, vanniyars and gounders on its side will always come to power in TN. No amount of money or machiavellian coups by the resourceful and anti brahmin Naidus and naickers will be able to win this phalanx. This is the secret of DMK's inability to come to power. It is better for JJ to keep the gang with her but in a tight leash.

The "unscientific" indiscretions of the gang are largely because we have an outdated electoral system.

MK's idhayam valiththathu kankal paniththana kind of archaic dialogue is all nonsense and the jet set generation has no time for that kind of nonsense.
 
mkrishna100 said:
This Jaya case is a classic case where after rectifying the arithmetical error the judgement itself has to be changed . I do not know whether Indian Judiciary has faced a similar situation in the past or is this the first one ?
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When errors are rectified, it would call for correction of all errors. That would include the factoring back of the deposits taken from agents for Namadhu MGR news magazine/tabloid. So one correction would make the judgment of Kumaraswamy wrong and the second correction (Namadhu MGR) will make it again a correct judgment. and JJ will be free to call for fresh elections.

Simple logic would require that the loans from banks and the deposits from agents be treated as the same class of assets.
 
This is interesting .Is there a fear in BJP that Jaya may turn to Sonia to prevent Karnataka from going Ahead with the appeal and ditch BJP /Modi and take a dying Congress in TN as an ally for few seats . I will not be surprised if Sonia attends Jaya's swearing -in instead of Modi and anything can happen in Politics . Remeber the Tea Party that Jaya & Sonia had in Delhi and how Vajpayee Govt fell by 1 vote ? More than the masala TV shows this masala is very interesting .

Will Modi attend Jaya's swearing-in ceremony?:
Source : LIVE! Will Modi attend Jaya's swearing-in ceremony? - Rediff.com India News
And in India, the buzz in the corridors of power in Dilli is whether PM Modi will attend J Jayalalitha's swearing-in ceremony as the chief minister of Tamil Nadu on May 22. In 2011, Modi attended Jaya's swearing-in in Chennai, but Jaya did not return the courtesy and skipped Modi's swearing-in ceremony as PM in New Delhi last year.


To keep the political pot boiling with speculation, the BJP has floated a theory that Modi will in fact attend the swearing in and utilise the occasion to strengthen the party ties with the AIADMK. The BJP needs to get 11 votes in the Rajya Sabha to pass crucial bills and also to ensure AIADMK does not cozy up with the Congress.
 
As for the Mannar Gang it is simple caste arithmatics of TN. Even MGR depended on this community for his political survival.
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Perfectly right but who was the Mannar Gang when MGR was in power ? Did they control things from his Ramavaram Residence ? The only person who gave sleepless nights to MGR was Jaya .

A leader who has mukkulathore, vanniyars and gounders on its side will always come to power in TN.
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Are still Vanniyars with AIADMK or have they moved to PMK ? I am not sure of this .

It is better for JJ to keep the gang with her but in a tight leash.
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Had the tight leash been there this problem would not have been there .
The "unscientific" indiscretions of the gang are largely because we have an outdated electoral system.
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Sure , the failed to read the Manual "The Art of Scientifc Corruption " by DMK and paying a heavy price for the same .

BTW we have to wait and watch whether "The Art of Scientific Corruption ( as applied in the 2G Case ) " will help DMK come out of the 2G Case with minimum damage/ no damage /excessive damage .
 
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When errors are rectified, it would call for correction of all errors.
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Sure and both parties will have an opportunity to rework the numbers and arrive at the results and it is up to the Judge of the Supreme Court to decide which numbers he agree with and Jaya's fate will be decided on the same and till then she can continue as the CM of TN .
 
Jaykay767 said:
VB Ji - are you aware of the "level of corruption in other states" ??? or for that matter the "level of corruption" in the central govt... if not, I would suggest you to read them, you will be stunned at the level of corruption & you will be happy with the "level of corruption in TN".. & thank God, we are all living here. :) :)
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Jaykay Ji,

With highly limited time left at my disposal, I go through not less than 20 dailies, all ‘On line’ regularly and do have fair knowledge regarding practice of corruption all over.

But, I love my State and hence have scarified a lot to lead a peaceful and happy life here.

And it is here there is rampant corruption, not now, it is there for many decades but it is getting worst nowadays.

I just remember Kautilyas Arthashastram wherein he had said that honesty is not a virtue that would remain consistent life long and the temptation to make easy gains through corrupt means can override the trait of honesty any time. Similarly, he compared the process of generation and collection of revenue (by officials) with honey or poison on the tip of the tongue, which becomes impossible not to taste.

I go by the adage:

உப்பத் தின்னவன் தண்ணி குடிப்பான்.

தீதும் நன்றும் பிறர்தரவாரா.


While more level of corruption may lead to more ordeal, less level of corruption will lead to less ordeal. It is proportionate and individual's choice.

Some tend to bite more than what one can chew.


Cheers.:) :)
 
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Jayalalitha seem to have a good time (with bad things keep coming in different forms). However, her public support is amazing and most of the brahmins I see think she deserve to stay out and continue as CM. Subramania Swamy is the only guy who is giving lot of push for appeal.. subsequently he has lost a lot of his followers. Next 87 days will be interesting to watch.. if no one files appeal.. Jayalalitha will be released for good and her sani leaves her then... If not, she can only be in back seat driving things.. which will be very unfortunate
 
If the verdict in her favour was due to BJP's support is true, then there is every possibility the Congress High Command may press the KN Govt. to go for appeal in the Supreme Court.
 
CHANDRU1849 said:
If the verdict in her favour was due to BJP's support is true, then there is every possibility the Congress High Command may press the KN Govt. to go for appeal in the Supreme Court.
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Sir,

I don't know whether the verdict was due to BJP's support, but today's Hindu reports that Karnataka is likely to file appeal.

Source: Karnataka government is likely to file appeal in Jayalalithaa case - The Hindu


And here is a clue as to how BJP will react in the coming days in Tamil Nadu politics !

தமிழகத்தை முற்றுகையிடும் மத்திய அமைச்சர்கள் ப்ளான் 'பனால்'.. பா.ஜ.க. அதிர்ச்சி

Read more at: http://tamil.oneindia.com/news/tamilnadu/bjp-cancels-union-ministers-tn-visit-226902.html
 
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cmano1981 said:
New one from Indian express giving 11 crores more loans.. which was missing from Kumaraswamy's verdict..

Explained: Some loans in Jayalalithaa order, not in table | The Indian Express

I think she stands a chance to come out clean...
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In the Supreme Court both the parties now have an opportunity to re-work the calculations and present their results . If the Judge is convinced of Jaya's calculations then she will be free again . If the Judge is not convinced of Jaya's arguments then we have to wait and watch what sort of verdict he will give .
 
I think a Judge is not an auditor...He is not expected to calculate a Balance sheet or Profit & Loss..The most important aspect is that the Judge has concluded that JJ & Co have not cheated the exchequer and State..He has left certain things & considered certain aspects while estimating income...It is up the Judge to decide what he wants to retain or exclude...I feel even if it goes to SC the qualitative aspect will be seen more than the quantitative aspect...
 
vgane said:
I think a Judge is not an auditor...He is not expected to calculate a Balance sheet or Profit & Loss..The most important aspect is that the Judge has concluded that JJ & Co have not cheated the exchequer and State..He has left certain things & considered certain aspects while estimating income...It is up the Judge to decide what he wants to retain or exclude...I feel even if it goes to SC the qualitative aspect will be seen more than the quantitative aspect...
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I don't think we expect the judge to be an expert in areas being dealt by him. The judgment is probably based on logical conclusions.

Let us hope the law will take its own course in this case also.
 
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