Former Tamil Nadu Chief Minister J Jayalalithaa has succeeded in her final attempt to get bail after her conviction in the disproportionate assets case last month. The Supreme Court on Friday suspended her four-year jail sentence for two months on grounds of her ill health. Jayalalithaa is currently in the Bangalore central jail where she has been incarcerated since her conviction by a special court on September 27.
Members of the All India Anna Dravida Munnetra Kazhagam, who were prepared for a muted 43rd Foundation Day of their party, broke out in celebration across Chennai and Bangalore. However, this is not a get-out-of-jail-free card for their party chief. By granting her bail, the Supreme Court has only stayed her her sentence of four years in jail. The matter of a stay on her conviction is still pending at the Karnataka High Court.
The Supreme Court asked that Jayalalithaa’s lawyers file all papers relating to the criminal appeal against her conviction before the Supreme Court within two months. If her team fails to present this "paperbook" to the court before December 18, bail will not be extended for even a single day, the court warned. The Supreme Court bench expressed concern that releasing Jayalalithaa on bail could result in the case being dragged on for many more years. It has already taken 18 years from filing charges to reach a verdict due to the many adjournments that Jayalalithaa has sought over the years. Senior lawyer Fali Nariman who appeared on Jayalalithaa’s behalf assured the court that she would not seek any such adjournment now.
Fear of violence
The court has also asked Jayalalithaa to appeal to AIADMK members and all her supporters to desist from any sort of violence. Nariman offered that Jayalalithaa would remained confined to her house for the bail period but the court said it could not pass an order to that effect.
Jayalalithaa will be extremely careful not to violate any of her bail conditions, something that would be extremely embarrassing for her and could result in her bail being cancelled, according to N Sathiyamoorthy, director of the Chennai chapter of the Observer Research Foundation. “A political comeback by Jayalalithaa will only happen if she is ultimately acquitted, that is, if there is a stay on her conviction,” he said. “This is only personal relief for her.”
Disproportionate assets
The politician was convicted and sentenced by special court judge John Michael Cunha who found that her assets were disproportionate to her known sources of income by an excess of at least Rs 53 crore. He sentenced her to four years simple imprisonment and imposed a fine of Rs 100 crore. Upon her conviction, Jayalalithaa was automatically barred from holding public office. Unless her conviction is stayed she will not be able to contest for elections for six years from the day she completes her sentence.
Jayalalithaa filed petitions against her sentence and conviction in the Karnataka High Court. On October 7, the Karnataka High Court rejected her application for bail despite the prosecution’s assertion that it was not opposed to her bail. The High Court said that that corruption was a violation of human rights and expressed a fear that Jayalalithaa might misuse her liberty under bail.
The Supreme Court has also granted bail to Jayalalithaa’s aides, Sasikala, VN Sudhakaran and Illavarasi, who were convicted along with the AIADMK leader.
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Members of the All India Anna Dravida Munnetra Kazhagam, who were prepared for a muted 43rd Foundation Day of their party, broke out in celebration across Chennai and Bangalore. However, this is not a get-out-of-jail-free card for their party chief. By granting her bail, the Supreme Court has only stayed her her sentence of four years in jail. The matter of a stay on her conviction is still pending at the Karnataka High Court.
The Supreme Court asked that Jayalalithaa’s lawyers file all papers relating to the criminal appeal against her conviction before the Supreme Court within two months. If her team fails to present this "paperbook" to the court before December 18, bail will not be extended for even a single day, the court warned. The Supreme Court bench expressed concern that releasing Jayalalithaa on bail could result in the case being dragged on for many more years. It has already taken 18 years from filing charges to reach a verdict due to the many adjournments that Jayalalithaa has sought over the years. Senior lawyer Fali Nariman who appeared on Jayalalithaa’s behalf assured the court that she would not seek any such adjournment now.
Fear of violence
The court has also asked Jayalalithaa to appeal to AIADMK members and all her supporters to desist from any sort of violence. Nariman offered that Jayalalithaa would remained confined to her house for the bail period but the court said it could not pass an order to that effect.
Jayalalithaa will be extremely careful not to violate any of her bail conditions, something that would be extremely embarrassing for her and could result in her bail being cancelled, according to N Sathiyamoorthy, director of the Chennai chapter of the Observer Research Foundation. “A political comeback by Jayalalithaa will only happen if she is ultimately acquitted, that is, if there is a stay on her conviction,” he said. “This is only personal relief for her.”
Disproportionate assets
The politician was convicted and sentenced by special court judge John Michael Cunha who found that her assets were disproportionate to her known sources of income by an excess of at least Rs 53 crore. He sentenced her to four years simple imprisonment and imposed a fine of Rs 100 crore. Upon her conviction, Jayalalithaa was automatically barred from holding public office. Unless her conviction is stayed she will not be able to contest for elections for six years from the day she completes her sentence.
Jayalalithaa filed petitions against her sentence and conviction in the Karnataka High Court. On October 7, the Karnataka High Court rejected her application for bail despite the prosecution’s assertion that it was not opposed to her bail. The High Court said that that corruption was a violation of human rights and expressed a fear that Jayalalithaa might misuse her liberty under bail.
The Supreme Court has also granted bail to Jayalalithaa’s aides, Sasikala, VN Sudhakaran and Illavarasi, who were convicted along with the AIADMK leader.