IAS, IPS: Many heads to roll

Many heads in the IPS and IAS are expected to roll after Amma’s return from Bengaluru.  Amma has left for Bengaluru to answer the questions in the assets case’ today.   The buzz in the Khakhi circles is that much whispered transfer orders were only a disappointment as only 5 transfers were issued.   The orders saw luck favouring Nallasivam again as he has again been made as the Joint Commissioner Intelligence for Chennai City.    Nallasivam was transferred out of JC, Intelligence post only recently.   Tirunelveli Commissioner of Police Varadarajulu who was aspiring to become JC.IS failed to please the right power centers.    But, following these transfer orders many more are to come is the whispers in the power corridors.  

Fort St George sources also say many IAS officers are also likely to be transferred and a massive search has been launched in the corridors of power. On the other hand hectic lobbying is going on at all levels for plum posts in the AIADMK regime. Many officers in Madurai have spent at least 10 lakh ruppes to get posts where they can earn double the amount. Sources say it’s a powerful lobby that is working for paid transfers and postings of lower level officers. In one such case M K Alagiri’s close confidant who was Madurai PRO has managed to pull the right strings…and has landed in Fort St George right under the nose of Chief Minister. 

Jaya TV official asked to go on leave


Sources tell whispers that K.P.Sunil, Vice President (news) in Jaya TV has been asked to go on leave.  Sunil's leave was a result of Jayalalitha's ire.   Jayalalitha who is a strong believer in astrology had fixed 3.15 pm as the exact time for the relay of her televised address regarding price hike.   But the Jaya TV people fumbled the telecast and the relay got stuck within minutes of its commencement.    The whole address had to be telecast again which started a little after 3.30 pm.    Missing the auspicious time, Jayalalitha believes that the resentment of the public is due to missing the auspicious time (!!!!).   Sources say that she vented her anger on Sunil and had asked him to go on leave, following which Sunil has proceeded on a month's leave.

DVAC team gears up for the climax

The DVAC team headed by its IG AMS Gunaseelan had left Chennai early yesterday for Bengaluru to receive Amma ahead of her visit.   The investigating officer Sambandham left by road yesterday afternoon.  Jayalalitha had answered 560 out of the 1400 questions prepared for her by the Special Judge Mallikurjaniah.    The Supreme Court had recently directed the Special Judge to finish the questioning sessions preferably within two days.   The questioning session is likely to continue tomorrow too which is making the DVAC officials nervous…as it will spoil Amma’s mood. However, Jaya is aware that today the media focus will be on Chidambaram as the BJP is up in arms against him demanding his resignation in the parliament. 

Desperate search for counsel

Kanimozhi is desperately searching for a counsel to defend her in the 2G trial say sources.   Rasathi Ammal and Kanimozhi who are not satisfied with the present counsel want some one who could effectively rescue Kanimozhi out of the mess.  But, legal brains are running for cover and are not willing to take up the case say Delhi sources.  The advocates who are well aware of the mood of the Judiciary particularly in the 2G case…is reluctant.  A senior correspondent from an English Daily who is very close to Karunanidhi and known to many TN politicians is also in the search for finding out the right advocate to bail out Kani.

Kani catches cold,Trial heats up

The winter is slowly beginning in Delhi…and for  Kanimozhi who grew up in Chennai and who is not accustomed to Delhi climate, has caught fever, severe cold and is suffering in Tihar.   Hearing about their half sister’s discomfiture MK.Alagiri and MK.Stalin rushed to Delhi to meet Kani and consoled her and conveyed their father’s message that he is making all efforts to bring her out.   The brother’s reportedly conveyed to Kani that they both have absolutely no objection to her given any prominence in the party.  (Keeping in mind that her difficulties are not going to end anytime soon) But whether the brother’s word of solace has given any comfort to Kanimozhi is doubtful given the brothers’ track record in the past. DMK sources say this visit by both the brothers is nothing but just to show that "All is well" in the family and the party. 

TNPSC SCAM: Needle of suspicion points Mayor’s institute?

Whispers doing rounds in Khakhi and Bureaucratic circles is that...the Probe into the TNPSC scam which was unearthed by the DVAC recently seems to have hit a roadblock following finger of suspicion pointing towards the new elected Chennai Mayor Saidai Duraiswamy ‘Manidha Naeyam IAS Academy’.  

Saidai Duraisamy, a known MGR loyalist... contested in the May 2011 assembly elections that rattled DMK's rising "SON" M.K.Stalin.  In fact Duraisamy’s poll plank was vote for me and I will make your sons or daughters an IAS officer. Duraisamy lost the election to Stalin in a marginal 5000 votes.  The goodwill generated by Duraisamy and his reputation made him the Mayor candidate and he won the Mayor elections on a record margin.

Duraisamy’s institute Manidha Neyam IAS Academy has a very good reputation of producing successful candidates both for the UPSC and TNPSC competitive examinations for free. The academy besides conducting coaching classes for UPSC and TNPSC exams also conduct coaching classes for banking exams…Saidai Duraisamy feels it’s for a noble cause.

What is TNPSC scam all about??? Click this link - DVAC's raid damakka

TNPSC Chairman Sellamuthu raided 

For the first time in the history of Tamil Nadu the Directorate of Vigilance and Anti-Corruption on 14^th October conducted simultaneous raids at the residences of all the members and Chairman of TNPSC. The surprise raids resulted in the seizure of several incriminating documents pointing to a larger scam in the recruitment of various services for the Tamil Nadu state government. Lets not forget all these Members and Chairman were appointed by none other than DMK Chief M Karunanidhi.  

The documents elicited information about how the candidates managed to approach the TNPSC members and chairman to secure more marks in the personal interview in the Group.I service examinations. Whispers doing rounds among people who run coaching institutes across TN is that before the DVAC raids on TNPSC, Manidha Nayem academy was the gateway to approach TNPSC members for easy appointments by paying huge sums of money.  

Throughout Tamil Nadu, talk among the study circle and job aspirants is that Manidha Naeyam academy has good connection with the TNPSC members and they can put you in touch with the right people. Such unconfirmed talks had so much effect that many institutes chose to send their students for personal interview coaching ‘only’ to Saidai Duraisamy’s academy. 

One of the students who attended coaching classes for personal interview at Manidhaneyam academy told that the faculty members while taking classes will drop a hint saying that people with money can approach the members for appointments.  Following this cue, willing students with money approach the right persons and get what they want. Sources say Manidha Naeyam academy is constantly under the scanner of brokers who connect Job aspirants to TNPSC members. 

Since the successful candidate who secured a job and the members and touts who get their share benefit mutually…no one is ready to blow the lid off. Insiders say it all happens so systematically that even Saidai Duraisamy who runs the institute will not be able to trace.

Sources also say Saidai Duraisamy may not be aware about the scam brewing in his own backyard and the faculty members and touts have been taking him for a ride. 

Now, Whispers doing rounds is that, Saidai Duraisamy himself becoming the Mayor of Chennai city, any probe by DVAC slightly concerning his academy would never take off…Will the Mayor of Chennai clean first clean this muck!! Will he be able to nail the culprits who are exploiting his prestigious institute to make quick bucks? Will the touts be brought to book? and the TNPSC members who were using Mayor's free coaching academy as a platform to execute their operations be identified and punished? or will it be "free for all"...remains to be seen.

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... 

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… 

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 20^th 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.