The Newshour Debate: Court's tough message to Jayalalithaa - Part 2 (7th Oct 2014)

In a debate moderated by TIMES NOW's Editor-in-Chief Arnab Goswami, panelists -- M R Venkatesh, Chartered Accountant & Policy Analyst; GVL Narasimha Rao, Natl Spokesperson & Member Electoral Reforms, BJP; Amee Yajnik, Spokesperson, Congress; C Rajashekharan, Advocate, Madras HC; and Prashant Member AIADMK, IT Wing -- discuss the issue of Jayalalithaa denied bail by Karnataka HC in graft case, and the court telling her that corruption amounts to "violation of human rights", and whether this court order act as a deterrent. Jailed former Tamil Nadu CM J Jayalalithaa, who has been sentenced to four years imprisonment in a disproportionate assets case, failed to get bail from Karnataka HC on Oct 7. The court told her that corruption amounts to "violation of human rights". There "are no grounds" to give bail as corruption amounts to "violation of human rights" and leads to economic imbalance, observed Justice A V Chandrashekhara, who pronounced the order in a packed court room that came as a blow to Jayalalithaa and her supporters outside and elsewhere. Indications are that the 66 yr old AIADMK chief may approach the SC for relief possibly by tomorrow. However, AIADMK MP and lawyer Navaneethakrishnan said they would have to take instructions from Jayalalitha. AIADMK supporters outside the court who had gathered near the Parappana Agrahara jail, where Jayalalithaa is lodged, went delirious anticipating her release and burst crackers. But their joy was short lived as when the verdict came, they went into a state of disbelief. Scenes of jubilation gave way to wailing by the women gathered there, while men lay themselves flat on the ground shouting slogans. "My client will take a call," senior counsel Ram Jethmalani, who appeared for Jayalalithaa, told PTI, after the verdict when asked whether they will approach the SC. In his submissions, Jethmalani strongly pleaded for immediate bail to the 66-year-old leader citing the SC verdict granting relief to former Bihar CM Lalu Prasad in the fodder scam. The court did not accept the submission, with the judge noting that Lalu Prasad had spent 10 months in jail before being granted bail by the apex court. Jethmalani also pleaded for suspension of the sentence by the Special Court which had sent her to four years in jail. He asked for suspending the sentence pending appeal under Section 389 of the Criminal Procedure Code, under which pending any appeal by a convicted person, the appellate court may order that the execution of the sentence or order appealed against be suspended. Also, if the person is in confinement, that he or she be released on bail, or on own bond. Observing that corruption had become a "serious malady in human history", the judge noted that the SC Court has repeatedly directed that graft cases should be disposed on top priority basis. He held that there is no reason to extend the benefit of suspension of sentence to the four accused, including Jayalalithaa. Noting that corruption has become "serious malady" in society, Justice Chandrashekhara said they should not be lightly dealt with. It had to be dealt with seriously as otherwise "it will become a disease in our society." Pleas by Jayalalithaa's close aide Sasikala and her relatives V N Sudhakaran, disowned foster son of the former Tamil Nadu CM, and Ilavarasi, for suspension of the sentence and bail were also rejected by the court. Special Court Judge John Michael D' Cunha had, in his Sep 27 verdict, held Jayalalithaa and three others guilty of corruption that unseated her as Chief Minister. He had slapped a fine of Rs 100 crore on Jayalalithaa and Rs 10 crore each on the three other accused. In her petitions, Jayalalithaa has maintained that the charge of amassing wealth against her during 1991-96 when she was chief minister for the first time was false and that she had acquired property through legal means.