On 27th September 2014, then Tamil Nadu Chief Minister J. Jayalalithaa was held guilty in a disproportionate assets case by a special court in Bangalore.
Special Judge John Michael Cunha convicted her and three others - Sasikala and her relatives V.N. Sudhakaran and J. Illavarasi guilty.
This court sentenced J. Jayalalithaa, 4 years of simple imprisonment with Rs 100 crore fine under the Prevention of Corruption Act, 1988. Her co-accused were sentenced to 4 years of simple imprisonment with a fine Rs 10 crore each. The failure of payment of the fine would result in another additional year of sentence.
Ms. J Jayalalithaa has become the first serving chief minister to be convicted in a
Disproportionate Assets Case and to step down on account of a court sentence.
Pronouncing the order, the special Judge held Jayalalithaa guilty of amassing wealth disproportionate to known sources of her income under
- Section 109 Indian Penal Code (IPC).
- Section 120 (b) of the Indian Penal Code (IPC).
- Section 13 of the Prevention of Corruption Act, 1988.
Section 13 i.e. Criminal misconduct by a public servant of Prevention of Corruption Act, 1988
A public servant is said to commit the offence of criminal misconduct if he/she accepts or obtains or agrees to accept or attempts to obtain
- while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest; or
- if he
- by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or
- by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or
- if he dishonestly or fraudulently misappropriates or converts for his own use any public property entrusted to him or under his control as a public servant or allows any other person so to do; or
- any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom he knows to have been; or
- any gratification illegaly or
- If he or any person on his behalf, is in possession resources or property disproportionate to his known sources of income.
As per this Act, "known sources of income" means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant.
- Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine.
What is this case about?
Ms. J Jayalalithaa, three-time chief minister of Tamil Nadu was accused of misusing her office during her first tenure as chief minister during 1991-96 to amass properties worth Rs 66.65 crores and depositing the amount in her benami accounts.
The assets under the purview of the case are the farm houses and bungalows in Chennai, agricultural land in Tamil Nadu, a farm house in Hyderabad, a tea estate in the Nilgiris, valuable jewelry, industrial sheds, cash deposits and investments in banks and investments and a set of luxury cars.
In 1996, Dr Subramanian Swamy, then the leader of Janta Party, filed complaint against Jayalalitha alleging that during her tenure as chief minister from 1991 to 1996, she amassed properties worth Rs 66.65 crores disproportionate to her known sources of income.
In 1997, raid at her Poes garden residence recovered 800 kg (1,800 lb) silver, 28 kg (62 lb) gold, 750 pairs of shoes, 10,500 sarees, 91 watches and other valuables.
Case trial:
The court’s verdict in this case was given after an 18-years the case was filed.
The time-line of this case is as follows:
- 14 June 1996- Subramanian Swamy files complaint against Jayalalitha against the amassed wealth.
- 18 June 1996- The then DMK led government registeres First Investigation Report (FIR) against Jayalalithaa.
- 21 June 1996- On the directions of Principal Sessions Court, Latika Saran, the then DSP of Tamil Nadu investigates the complaint.
- 4 June 1997- Chargesheet filed in the case against four of the accused Jayalalithaa, Sasikala, Ilavarasi and Sudhakaran.
- 21 October 1997- The special court frames charges against all the accused.
- 14 May 2001- Jayalalithaa led ADMK comes back to power in Tamil Nadu.
- 28 February 2003- K. Anbazhagan, the secretary of DMK, files appeal in Supreme Court to transfer proceedings outside Tamil Nadu quoting fair trial.
- 18 November 2003- Supreme Court orders the trial to be moved Bangalore, Karnataka.
- March 2005- Trial commences in special court in Bangalore.
- December 2010 to February 2011- Re-examination of witnesses by prosecution.
- 20, 21 October and 22, 23 November 2011- Jayalalithaa appears in person in court and answers questions.
- 13 August 2012- Special Public Prosecutor, B.V. Acharya resigns quoting efforts transferring him.
- 2 February 2013- G. Bhawani Singh appointed as the special public prosecutor.
- 26 August 2013- Karnataka government removes G. Bhawani Singh as prosecutor.
- 07 September 2013- Supreme court reinstates G. Bhawani Singh as the judge.
- 28 August 2014- Trial concludes and court decides 20 September as the date of sentence.
- 16 September 2014- Court allows appeal of Jayalalithaa to move proceedings to different court and sentence to 27 September on the grounds of security.
- 27 September 2014- Court pronounces verdict - all four convicted were sentenced. Jayalalithaa is presently lodged in the Parappana Agrahara central jail in Bangalore, as also three others.
- 29 September 2014- Jayalalithaa files bail plea in Karnataka HC.
Why J. Jayalalithaa resigned as Chief Minister of Tamil Nadu?
After this verdict, Jayalalithaa became the first Chief Minister to lose the post due to the conviction while in office.
She became the first Member of Legislative Assembly from the Tamil Nadu, third Member of all state assemblies in India and the seventh politician to lose her post after the July 2013
Supreme Court judgement on Representation of the People Act, 1951 which prevents member of the state legislative assemblies and members of parliament from holding the posts after conviction.
So, Ms. J Jayalalithaa after this judgment of Special Court was disqualified as an MLA and lost her position as Chief Minister.
She would now be barred from contesting elections for the period conviction plus 6 years i.e. total 10 of years.
Section 8 of Representation of the People Act, 1951
Section 8-Disqualification on conviction for certain offences:
A person convicted of any offence and sentenced to imprisonment for more than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.
Following are the politicians to lose their post under Representation of the People Act, 1951:
- Congress Rajya Sabha MP Rasheed Masood.
- RJD leader and ex-Chief minister of Bihar Lalu Prasad Yadav.
- JD (U) leader Jagadish Sharma.
- Rajya Sabha MP T.M. Selvaganapathy.
Chief Ministers of different states to have been charged and jailed in various corruption cases
Jayalalithaa is among six former chief ministers of different states to have been charged and jailed in various corruption cases.
- Lalu Prasad Yadav, the former CM of Bihar.
- Jagannath Mishra, the former CM of Bihar.
- Madhu Khoda, the former CM of Jharkhand.
- Om Prakash Chautala, the former CM of Haryana.
- Former CM of Karnataka, B. S. Yeddyurappa was charged in land allotment case.
In short about Ms. J. Jayalalithaa
Jayalalithaa Jayaram commonly referred to as Jayalalithaa, is an Indian politician and a former Chief Minister of Tamil Nadu.
She held the office of Chief Minister from 1991 to 1996, briefly in 2001, from 2002 to 2006 and from 2011 to September 2014.
She was a popular actress in Tamil cinema before her entry into politics and have appeared in over 140 Tamil, Telugu, and Kannada films apart from some films in English and Hindi.
She is the general secretary of All India Anna Dravida Munnetra Kazhagam (AIADMK).
She is called 'Amma' ('Mother') and 'Puratchi Thalaivi' ('Revolutionary Leader') by her followers.
Jayalalithaa has denied claims that she was introduced to politics by M. G. Ramachandran (Actor turned politician and founder of AIADMK).
She was a member of the Rajya Sabha elected from Tamil Nadu during 1984–89.
Soon after the death of Ramachandran, Jayalalithaa proclaimed herself his political heir.
She was the second female chief minister of Tamil Nadu after Janaki Ramachandran.
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