Saturday, 5 November 2011

Blow after blow for Amma!

It appears Amma’s fortunes are hitting an all time low. An auspicious Friday turned out to be a black Friday for Amma…as the day was filled with disappointment and heartbreaking news for Amma.

First blow was the order of the Madras High Court staying Jaya’s decison to shift the Anna Centenary Library to DPI complex.  The second blow was given by the Supreme Court which dismissed her plea for exemption of appearance from the Bengaluru Special Court which is hearing the assets case against her.

As Jayalilathaa is being constantly wrapped on the knuckles by the Judiciary…that brings us to the question…Is Jaya misguided and surrounded by a bunch of wrong advisers? Her decision to shift the Anna Centenary Library from Kotturpuram and convert the building into a super specialty pediatric hospital is not gone down well not only with her rivals but among the general public too.  Writers and artists are up in arms against the decision of Amma to shift the library.   Built on an 8 acre land with a 3.48 lakh square foot structure…this world class library is lauded by every one for its elegance, aesthetic design and collection of books.   Not everyone is ready to buy Jayalalitha’s argument that it’s being shifted for the improvement of child health care.

With this act Jayalilathaa has made it very obvious that she is narrow minded and is not able to tolerate the library which was built in a space that was identified by her during her 2001 regime to build the new secretariat.  The Madras High Court which granted an indefinite stay against the government’s decision was vociferous in its observations during the course of the hearing.   The argument of Advocate General Navaneetha Krishnan on behalf of the government invited caustic remarks from the Division Bench.   In fact at one point of time the Bench asked Navaneetha Krishnan “Are you an Advocate General or a party man?”  The AG’s arguments that there were large scale corruption in collecting amount to the tune of 177 crores from local bodies and utilizing the same for constructing this library and that the library caters only to urban students and not rural students failed to cut ice with the First Bench of the Madras High Court.  

Whispers doing rounds is that…given Jaya’s obstinacy, there is all likelihood that she will go on appeal to the Supreme Court against the decision of the Madras High Court. 

The second blow for Amma came in the form of dismissal of her petition to furnish her replies under Section 313 Cr.P.C. in writing and for exemption of personal appearance.  Jayalalitha had earlier appeared before Special Judge Mallikarjunaiah on 20th and 21st of October to answer the question under 313.  But her examination could not be completed due to paucity of time.

Special Judge Mallikarjunaiah in his order on 21st October had observed that....

“I tried the level best to conclude the statement of accused No., 1 within two days i.e. on 20.10.2011 in case for any reason, it is not concluded on the same day then to conclude on 21.10.2011…. Looking into the scope and importance of the provision under section 313 CR.P.C and the incriminating materials available in the deposition of witnesses and Exhibits, I have formulated totally 1339 questions to be put to the accused. Inspite of my best efforts due to large number of question it has not possible to conclude within he said period of two days….. Learned Special Public Prosecutor submitted that there is no embargo or legal impediment to take the proceedings on day to day basis therefore this case may be posted to tomorrow…. Considering the facts and circumstances. I am of the opinion that it is better to adjourn the case by granting time till 08.11.2011.”

Despite this categorical assertion by the Judge, Jayalalitha chose to approach the Apex court…citing reasons like  there was inconvenience to the public due to her appearance in Bengaluru and over 1500 police men were deployed and prohibitory orders under Section 144 was clamped.   She offered to answer the questions in writing instead of personal appearance.

But her arguments did not convince the Division Bench of the Supreme Court comprising Judges Dalveer Bandari and Deepak Misra and her petition was dismissed...and yet again it was Diwali for Sun and Kalinjar TV.  They also made an observation that grant of any exemption would set a wrong precedence.  The bench observed, “It would tantamount to grant you privilege if we exempt you from appearance.  We cannot set a wrong precedence.”

But the Bench also directed the Special Court to fix another date other than 8th November and suggested to complete the questioning in a day or two.

By again moving the Supreme Court for exemption, Jayalalitha continues to antagonize the trial judge, which is not a good sign say lawyers who have been following the trial closely and people who are in the know of things.

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