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Thursday, 24 November 2011

Jaya’s legal 'damagers'



The legal team of Jayalalitha’s government headed by ace advocate Navaneethakrishnan seems to be leading the AIADMK government to one disaster after another.  The legal team is time and again wrapped left right and center by the Madras High Court...which has resulted in huge embarrassment for the AIADMK regime...

While Jaya’s petitions for exemption from personal appearance were being dismissed in the Supreme Court, the Madras High Court for its part continued to give jolts after jolts to Amma by stonewalling various moves by her government.


Starting with Jayalalitha’s announcement of abandoning Samachir Kalvi, which was implemented following the recommendation of a team of educationists after thorough research, Amma’s government had to bear the brunt of Judicial activism.    Even after the Madras High Court gave a detailed judgment while quashing the government’s move to abandon samachir kalvi, an obstinate Jayalalitha went to the Supreme Court against the Madras High Court’s order. But Amma managed to buy time which saw the children whiling away their valuable time without any syllabus.  Ultimately, the Supreme Court upheld the Madras High Court order...which was the first setback for Amma.



Then Amma’s next move …  Shutting down the Anna Centenary Library at Kotturpuram and starting the same inside DPI complex in the pretext of integrating it with Knowledge Park... There was widespread public outrage against Jaya’s announcement.   A furious Madras High Court was ignoring the allegations of corruption in the construction of the library, promptly stayed the move. In fact, an exasperated Chief Justice Iqbal after listening to the arguments of Navaneethakrishnan, posed a direct question "Are you the Advocate General or a party man ?"

Then came the issue of dismissal of Assistant Public Relations Officers by the Jaya government...that decision too was stayed by the court. 
Amma’s next salvo came in the form of dismissal of  14,000 Makkal Nala Paniyalargal which too was stayed by the Madras High Court.   The government’s appeal against the single judge’s order too was thrown away by a Division Bench.

In fact, Advocate General Navaneetha Krishnan quite blatantly expressed his inability on in open court during the course of arguments in connection with the Makkal Nala Paniyalargal issue.   Justice Suguna had earlier stayed the termination of 14,000 makkal nala paniyalargal by the government.    In spite of the stay order the government was adamant and refused to take back the terminated MNPs.   When this matter was brought to the notice of the court the court issued a firm warning to the government to implement its order immediately.   But the MNPs saw no relief in spite of a writ of the High Court.   When arguments in the court commenced in this regard, a visibly angered Justice Suguna posed a question to the AG “Why are you not implementing the orders in spite of it having been confirmed by a Division Bench ?”   The AG replied “I will take instructions”.   When the Justice again reminded him of the undertaking he gave when the stay orders were issued, Navaneethakrishnan replied “I am not able to follow my Lordship’s orders”.  An irritated Suguna asked him what do you mean that you are not able to follow ? An unfazed Advocate General calmly said “I am a humble and simple man my Lord”.

The advocate general had to eat humble pie when the Madras High Court stayed the TN government’s order to take back the land allotted to Muthamizh Peravai, a trust which is run by Karunanidhi’s close relatives.

Jayalalitha government which came back to power with the promise of a clean administration tried on its part to save the building norm violators in T.Nagar and filed a status report.  The court which saw through the designs of the government wrapped the government on its knuckles and a jittery government fearing court’s wrath was quick to seal the buildings just a day before the next hearing.

The building violators who are flush with money hired legal big guns to represent them and they went on appeal to the Supreme Court which returned the ball back to the Madras High Court.    Fearing a tough legal battle the government appointed Senior Counsel A.L.Somayaji to represent the state government in the CMDA matters recently.
 
Sources tell whispers in Tamil Nadu that Navaneethakrishnan has pulled all the strings with ‘Chinnamma’ and got this order cancelled, and a fresh order has been issued by the Chief Secretary authorizing the Advocate General to represent the State in CMDA case too.


Now Whispers doing rounds in the corridors of Madras High Court is that...If the present legal team continues to represent the Tamil Nadu government, then Amma's government should prepare itself for a bumpy ride ahead. 

Amma's deposition! Amma's Mantra!



Ignorance seems to be the ploy that was adopted by Amma during the marathon questioning on Tuesday and Wednesday in the Parappana Agrahara in Bengaluru special Court.   Jayalalitha, was advised by her counsel to plead ignorance to most of the questions posed by Special Judge Mallikarjunaiah in Bengaluru. Out of the total of 1339 questions prepared by Mallikarjunaiah for Jaya, she completed answering all the questions in a cramped atmosphere. 


As soon as Jayalalitha landed in Bengaluru in a special aircraft she was taken to the Special Court in a 22 vehicle convoy.  Bengaluru public watched in awe as Jayalalitha went to appear before the Judge to answer a  lot of uncomfortable questions for the second time.  Jayalalitha’s trip from the Airport to the Bengaluru Prison where the court was temporarily situated saw coverage by a battery of CCTV cameras and there was mounted surveillance along the route to ensure that nothing goes wrong.  The general public in Bengaluru even though they were subjected to hardship watched in awe...due to the kind of security cover provided for Jayalalitha by the Karnataka police...many Kanrataka journalists were saying it was a bit too much as the arrangements were on par with a visiting President, Prime Minister.

However, Amma was not amused or rather impressed.  Her anger was visible on both the days she appeared in the court...Jayalalitha declined the lunch offered to her by the Karnataka police and had her favourite vegetable sandwich along with her close aide Sasikala inside her official car.

Tuesday witnessed Jayalalitha being asked questions about her erstwhile foster son’s marriage.   Amma who fell foul with Sudakaran, one of the accused in the assets case was visibly irritated when questions were posed to her regarding the marriage.  

 
Indifferent to her irritation the Special Judge continued to bulldoze her with one question after another.   Jayalalitha was asked to explain the source of income for the expenditure incurred by her for the abandoned ‘foster son’s’ marriage. Amma chose to reply that the entire expense for the marriage was borne by the family of the bride, viz. Sivaji Ganesan.  In fact, Jayalalitha went to the extent of claiming that A R.Rahman, the music maestro performed for the marriage ‘free of cost’.   Regarding the questions on her partnership in Jaya Publications and Sasi enterprises, Jayalalitha took the stand that she is only a silent partner and not involved in any day-to-day financial transaction.   However Jayalalitha totally agreed and accepted the financial transactions of her bank accounts. 
 
Jayalalitha also denied knowledge about the jewels recovered in a suitcase in her house.  In fact she went to the extent to say that those suitcases were planted by the DVAC officials at her residence.

However sources in Bengaluru judicial circles say that the rebuttals of Jayalalitha at the fag end of the trial is not going to help her in anyway.  Sources also say that the statement of the music maestro A R.Rahman that he had received a sum of Rs.3 lakh rupees for performing at the foster son’s marriage is on record during his deposition.  Further statements from the Tamil Film Industry legend Shivaji Ganesan and his family members that they have not spent any money towards the marriage is also on record. 
B.Kumar

Jayalalitha’s plea that the search warrant issued by a court is only to search in Tamil Nadu alone and they don’t have any jurisdiction over Hyederabad – DVAC officials conducted searches in Jayalalitha’s garden in Hyderabad – also doesn’t have any legal sanctity, say advocates who are closely monitoring the trial.


Soon after these questions were asked an irritated Amma gave an earful to her counsel B.Kumar.  B.Kumar is now handling the trial of the assets case.   Jayalalitha vented out her entire irritation on B.Kumar that he is incompetent and unable to complete the questioning session in one day. 
  
Jayalalitha, who is conscious of the media when it comes to her corruption case...as corruption seems to be the biggest issue rocking this country had fixed November 22 as the date for appearance in Bengaluru court with an assessment that November 23 being the day of parliament session the entire coverage of the press would be on Parliament and the press would ignore Jaya’s appearance.
 
But alas…. !!! Amma being the queen bee her every movement attracted attention and the newspapers reported widely about her second appearance in the corruption case.  Similarly, since the Parliament has been adjourned, the focus turned on Amma.
 

Sources in Poes Garden say it will take some time for an irate Amma to cool off and the people who would bear Amma’s ire will obviously be the DMK people is what the buzz in power circles of Tamil Nadu. And the first victim appears to be former Law Minister Duraimurugan on whom the DVAC has registered the second assets case and commenced simultaneous raids at Duraimurugan and his relatives’ house on Thursday.