Success is not so sweet!!!

AIADMK has swept the local body elections which could either be seen as an endorsement for the ADMK government or people’s continuous anger against the DMK regime.

But the success is not so sweet for J.Jayalalitha, ADMK supremo and Tamil Nadu’s Chief Minister who had returned after a marathon questioning by the Special Court in Bengaluru.   A battered Jayalalitha refused to receive the flower bouquets given by AIADMK cadres in Bengaluru by local party men. When she landed in Chennai  Amma received the bouquet only from Saidai Duraisamy at Chennai Airport, who has won the Chennai Mayorship with a record margin.

ADMK candidates who had romped home to victory in the local body election were seen in huge numbers in front of the poes garden…dancing and bursting crackers to celebrate their victory…many candidates who won the elections were eagerly waiting to catch a glimps of their leader and to welcome her with bouquets.  But an exhausted Jayalalitha called it a day and asked the bouquets to be received and kept in the Poes garden. Well, for the moment it appeared that “Garden” was not the right place bouquets…!!!

AIADMK’s victory in the local body election is significant since it has gone to the polls without the help of any allies and credit goes to every vote polled in favour of ADMK.   But the significant success has not cheered up Amma, whose past is haunting in the form of disproportionate asset case.    The nightmare for Amma doesn’t appear to end any time soon in the wake of the Special Court Judge Mallikarjunaiah summoning her to be present on the 8^th of November to continue the proceedings.     Jayalalitha’s counsel’s saber rattling that they would approach the Supreme Court seeking exemption for appearance on 8^th November appears to be an empty threat.    The apex court is not likely to grant any relief to Jayalalitha as it has thrown out many such petitions in the past…that forced her into the Court room.

Sources say the DVAC officials and Jayalalitha’s counsel B.Kumar along with the Advocate General Navaneetha Krishnan and Public Prosecutor I.Subramaniam were huddled in conversation on their arrival.  The meeting of these officials is likely to continue tomorrow also, say sources.   The ‘Team Jayalalitha’ is desperate to find a solution for the assets case to see cheers in the face of Amma.   Insiders say both Jayalalitha’s counsel and DVAC officials were perturbed over the way Amma was treated by the Special Judge Mallikarjunaiah.   The Special Judge who was treated with little respect till now by Jayalalitha, her counsel and DVAC officials were found seeing him looking up at him in astonishment and awe and respect.

B.V.Acharya, who was at the receiving end till now, was also seen commanding tremendous respect in the court.    The ‘Team Jayalalitha’ was clear in its understanding that any wrong move by either the DVAC officials or by Jayalalitha’s counsel would land Amma in further trouble.

With Jayalalitha getting a breather till 8^th November, the ‘Team Jayalalitha’ is fumbling for any loopholes to get some sort of relief for her.   But the reality is otherwise.  Jayalalitha’s reluctance to take a strong stand disassociating herself from her close aide and companion Sasikala, appears to be proving very costly for her, both legally and politically.

While the complainant in Jaya's DA case...Subramaniam Swamy and her bitter rival - the DMK are closely watching all the developments in Jaya's disproportionate assets case... and chalking out their next strategy to keep up the momentum that has given them some space to gain political mileage amid all the trouble the party is facing today. 

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.