Is it end of road for Amma ?

With disproportionate assets case trial reaching a crucial stage in Bengaluru, it appears that amma is running out of options.  After trying out all legal ways Jayalalitha was not able to avoid her personal appearance which she feels as a major embarrassment.   Jayalalitha’s position as Chief Minister of a state was not able to prevent her from appearing in the court and answer the barrage of questions  posed to her by the Trial Judge Mallikarjuniah.

Section 313 makes it mandatory in a trial for an accused to explain any circumstances on the evidence against him.   The next stage of after questioning under 313 Cr.P.C. is examination of defence witnesses.   The possibility of Jayalalitha to prolong the trial under the guise of examining numerous witnesses is limited in cases under the Prevention of Corruption Act.   Further in disproportionate assets cases the burden of proof of proving the sources which are considered to be ‘known sources of income’ through which the assets are acquired, is on the accused.   So Jayallitha doesn’t have the luxury of summoning numerous witnesses.

Another possibility is for Jayalalitha to seek re-examination of the Investigating Officer and based on his testimony recall the prosecution witnesses under section 243 Cr.P.C.  But this loophole is completely plugged due to the rigging of trial by Jayalalitha during her 2001-2006 tenure.

When Jayalalitha was Chief Minister in 2002 a total of 74 prosecution witnesses who had already deposed and cross examined on behalf of Jayalalitha were recalled and re-examined.  Of the 74 witnesses 64 witnesses retracted their earlier deposition and gave a complete contrary statement.  The then public prosecutor had chosen not to object to the witnesses giving contrary statement or made any attempt to declare them as hostile.  Only at this point DMK general secretary K.Anbalagan moved the Supreme Court and got the trial transferred to Bengaluru.

After the trial was transferred to Bengaluru the 64 witnesses who turned hostile were again examined by the Bengaluru Special Court and they had deposed that they were threatened by DVAC officials to go back on their statement.  Evidences of these witnesses would definitely weigh against Jayalalitha and would curtail her chances of re-calling prosecution witnesses given the fact that she has become the Chief Minister again.

A Division Bench of the Supreme Court comprising Justices S.N.Variava and H.K.Sema observed in the judgment “On a question from Court we were informed that the witnesses were recalled as Senior counsel for the second Respondent had been busy attending to some other case filed against her when they were first examined.  This could hardly have been a ground for recall of witnesses. The fact that the public prosecutor now appointed did not object to such an application itself suggests that free and fair trial is not going on.  It appears that process of justice is being subverted.  This gets reinforced  by the fact that even when witness after witness has resiled from what they had stated in the evidence in chief, yet no steps have been taken by the public prosecutor to resort to Section 154 of the Indian Evidence Act.”

This would be cited by the court appointed public prosecutor B.V.Acharya to thwart any attempt by the defence to re-call witnesses who had been examined in chief and cross already.

Even if the court permits recalling of witnesses the chances of their deposing in favour of Jayalalitha retracting their earlier statement is very bleak as the Supreme Court on Anbalagan’s petition has empowered the public prosecutor to take action for perjury against the witnesses.  The Court had said “ The public prosecutor will also be at liberty to apply that action in perjury to be taken against some or all such witnesses.  Any such application/s will be undoubtedly considered on its merit/s.”

Further Jayalalitha had rubbed the Public Prosecutor B.V.Acharya on the wrong side by asking a Deputy Superintendent of Police to address the Special Court Judge, directly over ruling B.V.Acharya seeking orders for further investigation.  B.V.Acharya and the trial judge took serious exemption to this and the DSP had to tender an unconditional apology. 

Seeking adjournments under one pretext or other may also be a remote chance as the apex court had directed that the trial should be conducted on a day to day basis.  Citing the long pendency of the case from 1997, the court said “As the matter is pending since 1997 the State of Karnataka shall appoint Special Judge within a month from the date of receipt of this Order and the trial before the Special Judge shall commence as soon as possible and will then proceed  from day to day till  completion.”  The Special Judge has to bear in mind these directions of the  Supreme Court before granting any adjournments.

Any help from the Karnataka government’s side is also doubtful based on the turn of events .  Thousands of AIADMK cadres who were visiting Bengaluru to cheer Amma were stopped at Karnataka border by the police and turned away.  In fact Bengaluru police went to the extent of searching passenger buses and throw people who are wearing a dhoti with ADMK colours. 

With all the holes being plugged and the noose getting tightened it appears that Amma has been pushed into a corner.   Whether she would be able to bounce back is a million dollar question... 

Tense moments at poes garden

It was a nerve racking morning for everyone at Jaya’s official residence Veda Nilyam at Poes Garden. Be it the Chief Secretary or the Advocate General or Intelligence Chief or any of Jayalalitha’s ministerial colleagues.   Right after the Supreme Court dismissed Jaya’s petition to defer her personal appearance it became clear that Amma has to face the inevitable…since then tense moments prevailed inside Amma’s residence. 

Sources tell whispers in tamil nadu…legal experts and advocates were called in to discuss what can be done next…till late night yesterday Jayalalitha was reluctant to appear in court.  But officials and advocates had instilled the truth that it is inevitable and there is no other option left but to appear before the Special Court as ordered by the Apex court…after hectic deliberations and reluctance finally Amma agreed.

Early in the morning Tamil Nadu Chief Minister went through all the newspapers of the day to get an idea how the reportage will be…  Officials had already assured her that the focus of national TV will not be on her as there are many other events lined up in Bengaluru like the inauguration of ‘Namma Metro’ train services and Yedyurappa’s bail plea.

Jayalalitha’s convoy left poes garden sharp at 8.30  this morning.   Journalists and camerapersons who are usually allowed till the gates of Vedha Nilayam were stopped faraway much to their surprise.  Amma’s cronies believed cameras jostling for space to cover amma’s distressing visit to Bengaluru would annoy her.    Sources say Sasikala’s relatives who came to Vedha Nilayam to give amma a word of comfort were turned away. 

It was an early day for top officials of Tamil Nadu government.   Everybody bee lined to poes garden with tense faces.   While top officials accompanied amma till airport while other senior officials and ministers in Jaya’s cabinet were asked not to venture anywhere near poes garden. Almost all the ministers were waiting at the airport keeping their fingers crossed. This time, the usual cheers and bouquets were missing.   Tension was palpable in the air.

As Amma’s convoy left for Bengaluru in a gloomy mood, opposite to poes garden in a short distance it was celebration time for Jayalalitha’s bête noire Karunanidhi.   Once news reached Karunanidhi about Jayalalitha’s movement, Karuna’s mood turned jubilant say insiders in the DMK.  Ignoring the drubbing of DMK’s candidate in the Trichy bye-election Karuna was seen smiling and cracking jokes and was waiting for television crews approaching him for a sound bite.   A gleeful Karunanidhi commented  “Jayalalitha has finally bowed to justice. I will not seek her resignation.  It is her habit.”

Jaya arrived at Bengaluru and from the HAL airport left for Parappana Agrahara where her former Karnataka counterpart is cooling his heels.   Parappana Agrahara is the Central Prison of Bengaluru where the Special Court is situated.  

The Bengaluru police is not taking any chances given the attention this case has got from the Supreme Court.  The entire route from HAL airport to the Central Prison was completely sanitised. Bengaluru police went to the extent of clamping 144 prohibitory orders around the court till the hearing is over. Around 1500 policemen were on duty to see that not a speck of dust touches Amma.  

As whispers had told earlier, the DMK backed Sun TV and Kalaignar TV had a newsy day.   Sun TV had sent its OB vans to Airport and Bengaluru Special Court.  Kalaignar TV’s OB van which was lying idle since its inception was also in action in Bengaluru. 

Special Judge B.M.Mallikarjuniah and Jayalalitha met eye to eye at 11 am inside the court hall which was turned into a fortress.   Except advocates who are connected with the case all others were barred entry.   The Judge had a long list of questions for Amma, sources say around 400.   The pre-lunch session saw little progress in completing the procedure and the session broke for lunch.  Jayalalitha who is under tremendous stress had vegetable sandwiches inside her SUV.

At the pace the questioning procedure is going on it appears that Amma's agony may continue tomorrow and Amma is likely to come back and fly back to  Bengaluru tomorrow.  And the tense situation will continue tomorrow as well.

All eyes on Bengaluru!

The entire DVAC top echelons are camping at Bengaluru to please Jayalilathaa…as she appears before a Special Court trying the disproportionate assets case against her.   Barring the DVAC Chief K.P.Maghendran, the entire DVAC top brass Inspector General of Police - AMS.Gunaseelan, Deputy Inspector of Police - G.Venkatraman, Superintendent of Police - TN.Venkateswaran and Deputy Superintendent of Police and Investigating Officer - G.Sambandham will be at Bengaluru biting their nails for Amma’s reaction, as she appears before the Special Court in Bengaluru for the first time since the case was transferred out of Tamil Nadu in 2003.

Sources say elaborate arrangements have been made to receive Amma and keep her in good humor. Sources inside Poes garden say that Jayalalitha is at the height of her perennial temper and had even went to the extent of refusing to appear before the Bengaluru Court.   But, people close to Jaya convinced her and made it a point that any failure to appear before the Bengaluru court would mean violation of undertaking before the Supreme Court and would result in severe backlash from the courts.

Whispers doing rounds in the “Khaki circles” is that the assets case is not only a nightmare for Jaya but for the entire team of officers working in DVAC.  Officers in DVAC wait with crossed fingers fearing sever backlash it things go against Jayalilathaa.   The nervousness is not only unique to officers in DVAC but to the entire top brass in the police and bureaucracy.   Sources say an element of uncertainty hangs above all officers…anyway it depends on Jaya’s mood for the moment.

DMK sources say it was Jayalilathaa who kept on dragging this case for the past 14 years citing various reasons…and now the case is at the point of no return. However, the DVAC officials have nothing much to do… as Jayalilathaa’s fate is now in jury’s hands. If at all her anger turns against the DVAC officials… the worst can happen is issue of transfer orders and officers will be posted in places considered to be worst in police or bureaucracy.   But, as she appears in the court the mood within the Khakhi department seems to be gloomy…and the jitters’ setting in Jaya’s top echelons of power is palpable.   As the great philosopher Heraclictus said, his words, ‘There is nothing permanent except change’ is fully applicable to Amma’s rule, given her track record. 

Sources also add that most of the senior officials in the intelligence agency, including the DIG Intelligence Pon.Manickavel are camping in Bengaluru to ensure Jaya is in good humor…this is done under the guise of supervising the much hyped security arrangements.  

Well…for the day the focus will now be on Jayalilathaa’s appearance in the court as the trial against her enters its crucial phase…and from now on the Countdown for Jayalilathaa begins… 

Is Jaya misguided???

Whispers in Tamil Nadu has been repeatedly saying that how Jayalalitha is misguided by her lawyers in handling the assets case at Bengaluru in our columns... Who is responsible for Jaya’s fiasco and Amma’s dilemma.  We had also discussed about Jayalalitha’s sudden change of heart to postpone the personal appearance after giving an undertaking before the Supreme Court that she would appear on October 20 in Amma's double whammy.  We have been proved right once again by the dismissal of Jayalalitha’s petition today in Supreme Court seeking deferment of appearance before the Special Court.

By filing this petition and getting a dismissal order Jayalalitha has once again given fodder to the opposition guns.   Even during DMK’s previous rule, the DMK took to the streets  condemning Jayalalitha's attempts to get repeated adjournments in her assets case.

When Jayalalitha wrote a letter to Manmohan Singh seeking publication of the Cauvery Water Tribunal’s order in the Gazette, Karunanidhi was quick to react that this is yet another ploy by Jayalalitha to get adjournment.  

That came true as well...the next day Jaya filed a petition, seeking exemption for her personal appearance on the ground that the Karnataka government had failed to provide adequate security arrangements.

When the petition came up for hearing before a Supreme Court Division Bench comprising Justice Dalvir Bhadari...it was dismissed with sharp remarks.  When Jayalalitha had sought exemption from appearance the court had observed that “it was a tactic by the accused to delay proceedings.”  Following these observations, Jayalalitha, on her own chose October 20 as the date for appearance.

Any lawyer with basic sense of law and mood of the court would know any further application before either the High Court or the Supreme Court seeking exemption from appearance or deferment of appearance would not only yield results but may also attract serious strictures.    It should also be known to a lawyer that given the mood of the Supreme Court regarding corruption and how the apex court is giving nightmares to corrupt politicians a petition to further delay a corruption case which is pending for more than 15 years under one pretext or other would definitely attract the wrath of the courts.

Sources tell whispers that senior cops in DVAC, in the intelligence wing and the higher bureaucracy in Fort.St.George are so scared about Amma’s actions after she appears in Court.   Sources in ADMK says, Jayalalitha is very irritated and not comfortable to appear in Bengaluru.    Amma is frustrated that in spite of ruling the State with an overwhelming majority, she is not able to wriggle out of an old corruption case, add sources.

The DMK says many senior cops and bureaucrats  with the help of legal brains... fearing backlash are continuing to misguide Jayalalitha into disaster from damage.

What next!!! Given Amma’s mood, the official machinery should gear up to face the wrath of Amma after she appear in Bengaluru say sources.    Huge shuffle in the bureaucracy and in the police is definitely on the cards, say sources.

Keep watching these columns for all the latest developments and inside stories.

Cost of Kani’s bail. 4 CRORES

While on one hand KD Brothers are making desperate attempts to save their image and their vast business empire...on the other the delay in Kanimozhi’s release has made her mother Rajathi Ammal visit god men…sources in DMK say Rajathi Ammal is meeting all sorts of god men to secure a bail for her daughter.

After Karunanidhi issued a statement supporting KD Brothers after CBI raids...Rajathi Ammal picked up a huge fight with Karunanidhi for backing Maran’s...Now things are becoming even more difficult for Karunanidhi at home.


After CBI said that 409 charges will be slapped against all 2G accused Kanimozhi...Rajathi Ammal has lost all hope that her daughter will be out on bail...Whispers doing rounds is that so far Karunanidhi has spent more than 4 crore rupees to bail out Kani from Tihar. The expenses include advocate fees, travel from Chennai to Delhi and to Tihar and accommodation in star hotels.  


Initially Union Minister Jegathratchagan who was footing the bill now appear to be reluctant as he too is under the CBI scanner.  DMK insiders say that Jegathratchagan has reduced his interaction with Karuna, after Karunanidhi expressed anger that he is not doing much to secure Kani’s bail. Jegathratchagan has his own list of owes as his Balaji Medical College is under the CBI radar for irregularities.

Rajathi Ammal who till now was pinning her hopes on legal brains has shifted her faiths on godmen.  Whispers are doing the rounds that Rajathi Ammal has been complaining that advocates are taking their family for a ride and not taking adequate steps to bail out her only daughter.   Kani’s CIT colony residence which was buzzing with visitors all the time wears a gloomy look as many of the partymen are keeping away scared of the brickbats of Rajathi Ammal.  Besides the brickbats of Rajathi Ammal, the DMK bigwigs have their own owes in the form of the Damocles’ sword hanging over their head in the form of DVAC raids and disproportionate assets cases. 

Rajathi Ammal’s anger has also turned against loyalists like TR.Balu who had reaped huge harvests using Kanimozhi have now abandoned the ship.  

Whereas godmen cashing on this opportunity are suggesting special poojas for Kani’s bail and Rajathi Ammal is spending huge sums on the hope that there will be a divine intervention which would change Special Judge O.P.Saini’s heart.

Whispers doing the rounds is that Kanimozhi’s detention in jail for more than 150 days has not created any sympathy among the general public.  Sources add that now Rajathi Ammal with the help of some of her loyalists are approaching media houses to publish articles narrating the pitiful condition and woes of Kani inside Tihar Prison.   In fact one leading Tamil bi-weekly has come out with a cover story narrating the heart wrenching story of Kani inside Tihar.  Whether the series planned by the bi-weekly would have the desired impact and make people shed tears  remains to be seen.

It is ironic and unfortunate that godmen mint money using the dire situation of a family which is known for its atheistic traits.

Maran's Mangatha : Selvi to head Sun Network

Even as the clock is ticking for Maran Brothers…the recent raids conducted by the CBI seems to have rattled their entire family…except Karunanidhi, Rajathi Ammal…Whispers in Tamil Nadu earlier reported on what happened within the DMK’s first family after the raids…

Karunanidhi's balancing act 

With law catching up with Maran brother left…right and center…the family that proclaims and follows atheism is now seeking divine intervention…On one hand Maran’s family members are busy in conducting Yagam at several temples across the State. Last week Maran’s family conducted special poojas for half a day in Saibaba Temple at Mylapore.   The temple which used to be thronged by devotees was made inaccessible to the general public while Maran’s family occupied the temple.

With Kalanidhi and Dayanidhi Marans  are expecting their arrest anytime soon in connection with the spectrum loot…whispers doing rounds is that…KD Brothers are extremely worried about their business establishment...nowadays Marans are busy in making post-arrest plans…since Kaveri Kalanidhi Maran’s name is also being dragged into this issue because of her stakes in Sun Network.  Though subsequently recovered, Sun TV’s stocks tanked following the CBI’s assertion in Supreme Court about the FIR against Marans.     Shares of Sun TV which saw a 52 week high of Rs.556 is now trading at Rs.274. 

Whispers doing the rounds is that Maran brothers have asked Selvi to take care of their business empire. Selvi is already managing the affairs of Sun Group’s Kannada Channel Udaya TV. This decision has been taken by KD brothers after seeing how Corporates honchos and politicians are struggling to secure bail in the 2G case. Whereas Maran’s are concerned they belong to both communities... corporates and politicians. So they fear that things will be very difficult for them and Marans sense that this will take a serious toll on their business empire and will hamper their operations.

As many in the DMK are celebrating the fall of the Marans…and all the power centers in the family like M K Azhagiri, M K Stalin and Kanimozhi clearly distancing themselves…Maran brothers are left with no other option except to depend on Karunanidhi’s elder daughter Selvi…as she is the only person who acts as a bridge between Karunanidhi and the Marans.  The dilemma of Marans is in not finding a capable person to don the mantle but a trusted persos who won’t become a Judas.

In this tough time, his close friends who held crucial posts in Sun Group are also reluctant to stand by Kalanidhi and Dayanidhi Maran fearing witch hunt by both the CBI and the state police.  The reluctance of Marans friends to take up responsibility is after witnessing the harrowing experiences of  Kalanithi’s second-in-command Hansraj Saxena. In fact, relationship between Saxena and Kalanithi has gone so sour that Kalanithi has gone to the extent of calling Saxena a traitor.

Key Sun Network official RMR Ramesh, who is seen defending Kalanidhi and Dayanidhi Maran…has also come under the State government’s scanner as he will be the next person stepping into Hansraj Saxena’s shoes…

Maran brothers are not afraid of outside enemies or business rivals…but enemies are within the DMK’s first family…and now their biggest worry is not about getting arrested…but saving their business from their rivals who are within the DMK family.

Whether Selvi, can don the Sun empire with the same savoir-faire of the Maran brothers remains to be seen.

  

Amma’s double whammy…..!!!

Tamil Nadu Chief Minister has given a double whammy to her detractors by making a last ditch effort to avoid personal appearance in the 66 crore wealth case against her in the Bengaluru Special Court.  Earlier in September, Jayalalitha had made an application before the Apex court in which she cited security concerns for exempting her from appearing in the special court.  The court had directed the Karnataka government to make adequate security arrangements and sought Jayalalitha’s convenient date for appearance for which she chose October 20…a day after the local body elections. Sources say the election date was decided by the State Election Commission keeping Jaya’s wealth case in mind.

Jayalalitha’s volte face to postpone her appearance has raised many eyebrows in legal circles.  The trial against her has reached a crucial stage and repeatedly filing petition after petition in the courts may hamper her case and would leave her out of options.   However Amma was persistent and filed yet another petition in the Supreme Court for postponement of her appearance as the Karnataka government has failed to provide the details of security arranged for her appearance.  She has also adopted a ground in her petition that since she is under NSG cover, the NSG guards have to be informed well in advance about the arrangements made and they have to visit the location beforehand.

Whispers doing rounds is that…Jayalalitha’s sudden change of heart to refrain from appearing may have something to do with the arrest of former Karnataka Chief Minister B.S.Yedyurappa.  An arrest warrant was issued against him based on charges of corruption and to evade arrest, Yeddy surrendered before the court amidst high drama… Former Chief MInister B.S.Yedyurappa and his former minister's Reddy Brothers are in the Parappana Agrahara (Central Prison) in Bengaluru.

Ironically Justice Mallikarjunaiah has also chosen the same Parappana Agrahara as the venue for Jayalalitha to appear on the 20^th of October.  When the Supreme Court directed the Bengaluru Special Court to make adequate arrangements for Amma’s security, the Judge directed the Karnataka police to come up with suggestions. The Bengaluru Commissioner of Police suggested the Judicial Academy, Balabrooie Guest House, Jakkkur Flying School and the Special Court inside the Parappana Agrahara (Central Prison).

Though Jayalalitha’s counsel opted for the Flying school as a favorable venue, the Judge chose Parappana Agrahara.  If Jayalalitha makes her appearance on October 20 in Bengaluru, technically she will be entering the same prison where former Karnataka Chief Minister landed last week.  Yeddy and Reddy as an accused in judicial custody and Jaya as an accused facing trial, but both on corruption charges…this will be the perfect timing for the DMK to dent Jaya’s image.

Parappana Agrahara (Central Prison)

As the DMK is ready with its game plan as Jayalilathaa was expected to make personal appearance…a desperate Jayalilathaa is making a final attempt to evade yet another embarrassment at a time when the issue of corruption is rocking the country…However the Cavuery issue which was in the back burner came handy for the Queen Bee…

Jayalilathaa immediately shot off a letter to Prime Minister demanding the final Tribunal order should be published in the gazette as required under section 6(1) of the Inter-State River Water Disputes Act, 1956. The timing of the letter has raised many eyebrows as the Cauvery issue was in the back burner for quite some time owing to the adequate monsoon rains and political reasons.

Why Jayalilathaa wanted to rake up this issue? The reason is quite simple …Cauvery issue has always been a volcanic issue between the two neighboring states…  Any order favoring Tamil Nadu would quickly trigger law and order situation in Karnataka as linguistic chauvinists in Karnataka will oppose it for political mileage. After putting things into place…a desperate Jaya once again approached the Supreme Court seeking expemtion from personal appearance due to security reasons.

Well there is every possibility that the Apex court may defer the date of appearance from October 20^th to some other date till adequate security arrangements are made.

Sources say Jayalilathaa has decided to take up the Cavuery issue seriously with the Center…so that Kannada chauvinistic forces may vehemently oppose her entry into the State. Since it’s a matter of State’s interest including the DMK all other political parties will left with no other option except to back Jayalilathaa…While all this is happening whispers doing rounds is that Jayalilathaa’s plan is to again approach the Supreme Court to shift the Bengaluru Court to Tamil Nadu for making her personal appearance citing the volatile situation in Karnataka.

Sensing Jayalilathaa’s larger game plan the DMK Chief Karunanidhi was quick to react to Jayalalitha’s move on Cauvery stating that Jayalalitha’s only wish is to get adjournment and that is why she is raking up the Cauvery issue.

Sources in the Central Government say it is for the NSG to object to paucity of time to inspect the place of Jaya’s visit. But the DMK is also likely to take up this issue with the Home Minister who controls NSG to expose Jayalilathaa’s desperate “drama”. An interesting point to be noted is that Home Minister P Chidambarm is Jaya’s yet another arch rival.  During her first visit to Delhi after assuming charge as the Chief Minister…Jayalilathaa demanded P Chidambaram’s resignation saying he fudged 2009 election results. Also when the issue of internal bickering between two senior ministers of the UPA was out in open…Jayalilathaa once again demanded his resignation…Chidambaram's loyalists in the State are accusing Jaya of indirectly targeting their leader once again.

With DMK making serious efforts to raise from the rubble and making full fledged preparations to gain maximum political mileage out of Jaya’s appearance in court on charges of corruption, as the issue of corruption is hotly debated all over the country, Amma is desperate for a temporary reprieve.

Whether Amma’s double whammy would yield results and get her a reprieve from Supreme Court would be known today. While on one hand Jaya is trying her luck...on the other elaborate arrangements have been made in Chennai for Jayalilathaa's visit to Bengaluru...