Saturday, 15 October 2011

Amma’s dilemma !

Whether the 66 crore disproportionate assets case is giving nightmares to Tamil Nadu Chief Minister J.Jayalalitha or not, it is giving sleepless nights to the DVAC officials and bureaucrats in the top echelons.

DVAC sources say DVAC Director K.P.Maghendran and IG AMS.Gunaseelan are on their toes on the eve of appearance of Chief Minister Jayalalitha in the Bengaluru court. 

DVAC officials are in a tight spot owing to the fact that the assets case against Jayalalitha is their own baby and they cannot openly go against it.  At the same time they are in a quagmire of working under the same person who is accused of possessing disproportionate assets.  Sources in DVAC add that all the officials are on tenterhooks and the IG AMS.Gunaseelan is continuously camping at Bengaluru making arrangements for the arrival of Amma.

Readers familiar with whispers could see how wrong legal advise had landed Jayalalitha in such a tight spot.   

On 20th October Jayalalitha would make her appearance before Mallikarjunaiah who is the Special Judge conducting the trial against Jayalalitha in the assets case. Jayalalitha would be facing questions from the Judge under section 313 of the Criminal Procedure Code.  313 of the Cr.P.C. empowers the court to question the accused after the witnesses for the prosecution are examined and before defence witnesses are examined.  Following this procedure examination of defence witnesses would commence followed by re-examination of the Investigating Officer.

N.Nallama Naidu, who was the investigating officer in this case was humiliated by advocates of Jayalalitha when he was examined in the Special Court in Chennai, before the trial was transferred to Bengaluru on the orders of the apex court.   Naidu was virtually in tears when the advocates of Jayalalitha humiliated him with a barrage of questions affecting his integrity.

However after the change of guard at Fort. St. George in 2006, Nallama Naidu was given a status of  ‘Officer on Special Duty’ in the DVAC with a hefty pay package.  So there is very little likelihood that Nallama Naidu would turn hostile.  

After this procedure prosecution witnesses already examined could be recalled and examined based on the evidence adduced by the defence side.    To prolong the trial, Jayalalitha may choose to recall most of the witnesses citing one reason or other.   But it is unlikely that the court appointed Special Public Prosecutor B.V.Acharya would allow this to happen.  The present government had for its part, rubbed Acharya on the wrong side when G.Sambandham, present Investigating Officer had written a letter directly to the Special Judge seeking orders for further investigation.  Acharya took it as a personal insult and recorded his objections before the Special Judge.   So recalling prosecution witnesses to procrastinate the trial may not yield desired results.

Any appeal in the High Court or Supreme Court against the orders of Special Judge rejecting the plea for recalling prosecution witnesses is unlikely to yield any results.  The apex court while dismissing Jayalaliha’s appeal for exemption from personal appearance for questioning under Section 313 Cr.P.C. had already made an observation that such a plea is only to buy time.

DVAC officers are well aware that an angry Amma may not only ruin their careers but also mar their future.   Caught in a tight spot, amma is also keeping her fingers crossed.

The Agri (ugly) war

The tiff between the ruling AIADMK and the DMK is getting hotter by the day over the issue of handing over government land to Horticulture Krishnamurthy...whispers doing the rounds is that Chief Minister Jayalilathaa’s close aide Sasikala is behind the government’s move to hand over the government land near Gemini fly over to ‘Horticulture Krishnamurthy’. 

The land measuring 13 acres and 4 grounds was under litigation since 1980’s. In 1989 the then DMK government issued an order taking back the land in the possession of Krishnamurthy.   Subsequently Krishnamurthy challenged the order in the High Court and a single judge ruled in his favor.  Government filed an appeal and during the pendency of the litigation in 2001 after the ADMK came back to power, the government withdrew the case. After change of government the matter went to Supreme Court and it was ordered in favor of the government.  Karuna was quick erect ‘Semmozhi Poonga’ in that place to commemorate the world classical Tamil conference.

After the present government assumed power, the land has again been handed over to Horticulture Krishnamurthy.

Sources add that ‘chinnamma’ is behind this move of the government in entrusting government property to a private Person.  As war of words intensifies between Jayalilathaa and Karunanidhi over Anna Arivaliyam land row and other land grabbing charges slapped against the DMK top the DMK is all set to hit back at the AIADMK government to expose this murky land deal.

DMK high command has asked its advocates to file RTI petitions in this regard...Sources say the DMK is also trying to pass it on all information relating to this land deal to Janata Party President Subramaniam he is very angry with Sasikala...the reason is quite simple he was not included in the AIADMK alliance during the 2011 assembly elections.  However, the grape vine has it...this will be the beginning of fresh troubles for the AIADMK.   

Political pundits are surprised why the ADMK which was voted back to power on a huge wave is supplying fodder to DMK cannons.