By Biswaraj Patnaik in Puri, February 22, 2017 : Indian judiciary is doing laudable job. That’s great news! The Indian Supreme Court saved the country of infamy by doing its job finer than expected. They rightly convicted Sasikala an erstwhile video parlour owner busy wreaking havoc in Tamil Nadu after the death of co-convict Jayalalitha, by capturing elected representatives through intimidation and dangling stolen public money bait. Around 2011, it is rumoured, Narendra Modi had warned the filthy rich ‘Amma’ that someone outwardly intimate was hatching a conspiracy to have her terminated by a clever method of slow–poisoning. Something went wrong subsequently and Sasikala was thrown out of Amma’s household for good. But she proved innocence and loyalty by abandoning spouse and family and soon landed as Jaya’s shadow.

But it is time the Tamil people looked for a new leader who is not selling ‘Amma’ to survive. Though it’s not exactly proper to malign a dead person, the truth is that Amma has been proven guilty. God saved her when alive. God saved Tamilnadu as well. If Chinnamma (younger Mausi in Hindi) had become chief minister before landing behind bars, on record the Tamil people would have had two thieves as Chief executive consecutively. Amma was at least a brag-donor. She gave variety of sops to all communities bought with money from the people’s treasury. But Chinnamma would not know the joy of giving.

Meanwhile, Sasikala, meaning in Sanskrit ‘stain on the moon’ (some say ‘moon light’) has christened herself ‘Chinnamma’ meaning in Tamil mother’s younger sister. Only perhaps because she has access to Jaya’s stolen riches- the goods and the coordinates- that every AIADMK member is mad to remain clung to her. Amma had made O Panneerselvam CM. Post Amma, Chinnamma captured the former’s palace and declared herself sole political successor and forced Panneerselvam to step down. But soon enough the dethroned guy realised the ‘Amma’s younger sister’, without any direct electoral participation or recognition, would prove disastrous for the party. So he turned around and staked claim with MLAs escaping from Chinnamma’s camp, though the exodus has remained rather faltering until now.

As experts would believe, the AIADMK must be disbanded wholly and fresh elections declared. Late Amma is no saint. She amassed such wealth as would put the most successful robber to shame. Chinnamma got her nephew into Amma’s lap as baby and had him wedded to a celebrity kid at latter’s expenses. Hundred crore – rupee ceremony had one and a half lakh guests; the diamond–loaded bride stood on a 75000 square foot stage, and there were 25 huge dining halls feeding who’s who of India. International journals told in stories that even diamond – crazy Hollywood star Elizabeth Taylor may not have set her eyes on so many diamonds in her life time, let alone wear.

Justices P. C. Ghose and Amitava Roy would occupy history book for striking down one of the glaringly terrible high court verdict. The single bench judge CR Kumaraswamy must now come under scanner. He passed the bizzare judgement just two months before retirement. The apex court indicted former Tamil Nadu Chief Minister Jayalalithaa posthumously and her three co-accused, including V.K. Sasikala, of hatching one criminal conspiracy after other at Poes Garden to launder the ill-gotten wealth of Jayalalithaa for purchasing huge properties in the names of “masked fronts.”

The Supreme Court said Jayalalithaa did not accommodate Sasikala at Poes Garden out of some “philanthropic urge” but with cold-blooded calculation to keep herself secure from any legal complications, which may arise from their criminal activities.

Some facts about Chinnamma: a high school dropout from Mannargudi in Tiruvarur district, she was highly recommended to Jayalalithha in 1980 by IAS officer-turned-politician VS Chandralekha on the request of his PRO R Natrajan, Sasikala’s husband by the former’s husband M Natarajan, then a government public relations officer. She was a regular visitor at Jayalalithaa’s house. She and husband one Natarajan finally moved into it in 1988.

After Jaya’s death, Sasikala returned to Poes Garden and, as Jaya has not left any will behind, she continued to occupy the house that does not belong to her even today. And it is this house that she draws all her powers from and it is under the tutelage of Jayalalithaa that she learnt all the political manoeuvring that is now on display in Tamil Nadu.

O Panneerselvam himself was promoted by none other than Sasikala and her nephew T T V Dinakaran.
In the Jayalalithaa disproportionate assets case, the trial court had conclusively convicted all the prime accused with ten years of imprisonment and a fine of 100 crore rupees. But the High Court judge upset the verdict as if too anxious to acquit them by citing one of the worst precedents from the Madhya Pradesh High Court. Justice Kumaraswami believed every word put up by the defense: that the value of assets as quoted by Income Tax department, differs from the figures judge has used to deliver his verdict.

There is no explanation given for this difference, hence this discrepancy is not acceptable, and we move for acquittal. The judge bought this argument and acquitted the accused. Strangely, when there is a newer Prevention of Corruption act 1988, it was strange to cite a judgement from 1976 which was tried according to 1947 law. Justice Kumraswamy seems to have gotten himself in a situation here.

All possible loopholes in the system were brazenly used by the defense and merrily accepted as gospel truth by Justice Kumaraswamy. So, the day he retired, RTI activists alleged that he had been allotted a flat by the Karnataka Housing Board in 1997 when he was district and sessions judge in Kolar, which was then allegedly cancelled by him in exchange for an independent house in Mysuru. According to RTI documents obtained by advocate ARS Kumar, Justice Kumaraswamy’s wife M N Nagarathnamma was allotted a Bengaluru Development Authority site in 2005; and he had also been allotted a flat by the Karnataka Judicial Housing Building Co-Operative Society Limited in 2006, allegedly in violation of the House Building Co-Operative Society.

Justice Chikka Rachappa Kumaraswamy hails from Malavalli in Mandya district, and Jayalalithaa, at the centre of the case that made him famous, was born in Melukote, another village in the same district. Justice Kumaraswamy obtained a degree in law from a college in Bengaluru and practiced as a lawyer for 12 years, taking on both civil and criminal cases, as also those involving labour.

After passing the district judge examination in 1995, he served as a district judge in several parts of the state including Bengaluru, Kolar, Ballari. He was made a judge of the Karnataka High Court in 2005 and two years later, his tenure was made permanent.

Rejecting the trial court’s conclusion that most of the ‘ill-gotten’ money of the then Tamil Nadu chief minister was used for purchasing properties and starting companies in the name of the other three accused persons, N Sasikalaa, J Elavarasi and VN Sudhagaran, Justice Kumaraswamy said there was a ‘positive evidence’ to show that they had taken loans for more than Rs 24 crore.

Though the prosecution had recorded the evidence of about 259 witnesses, it mainly relies on registration of 165 documents — sale deeds and registration of documents at the residence of Jayalalithaa, the judge said. The prosecution case was that she amassed wealth and parted with it to the other three to acquire agricultural lands, sites and 32 firms and companies, he added.

Rejecting the claims, he said: “There is a positive evidence to the effect that the accused, firms and companies have borrowed a loan in a sum of Rs 24.17 crore. Besides, they also borrowed loans from private parties. This loan borrowed by private parties has not been considered by the court.”

Convinced that this amount had been utilized for purchase of agricultural lands, sites, firms and companies by Jayalalitha’s associates, Justice Kumaraswamy said, “Therefore, the question of Jayalalihta abetting the other three accused for acquiring immovable properties does not arise…Evidence on record discloses that Jayalalitha’s three associates have borrowed huge amount and acquired the immovable properties like agricultural lands, legal entities. The source of income is lawful. Object is also lawful.”

Now Amma is no more. Chinnamma is sent to jail. Panneerselvam – the Chinnamma recruit is without much public credibility. It looks as if with Jayalalithaa, the AIADMK days are nearly over.

Fortunately, most taints on the judiciary have been wiped off by the Supreme Court in good time. The Supreme Court judges pass orders without fear or favour except a miniscule few who have invariably been identified. Justice Kumaraswamy should be having sleepless nights the same way as Sasikala for not getting enough flesh fowl and fish in her jail meals. On entry into the prison cell shared by a few other offenders of law, Chinnamma had kept two demands: meat meals and a place for yoga exercises. She is unlikely to get any. Now she is pleading for a transfer to a Tamilnadu jail where her slave Palamiswami is chief minister. The prison chief there will not fail to organise a comfortable jail home for her.

Amma amassed wealth beyond limits and count. Chinnamma will own all that after the jail term. She has the patience because the loot is impressively big.