27 September 2014

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In Depth TN CM Jayalalithaa convicted 4 years Jail 100 Crore Fine in DA Corruption Case

In Depth TN CM Jayalalithaa convicted in DA Corruption Case

Updated on Saturday, September 27, 2014   -  4.50 PM 

Media reported that TN CM Jayalalithaa convicted sentenced for 4 Years in DA case
Four Years Jail 100 Crore Fine for TN CM Jayalalithaa in DA Case

The case was filed by the vigilance wing of the Tamil Nadu police in 1996 during the tenure of the DMK government headed by M Karunanidhi

The case was filed by Subramanian Swamy in 1996. She was arrested and jailed for some days 

Tamil Nadu Chief Minister J Jayalalithaa has been found guilty in an 18-year-old corruption case.
Now special court in Bangalore convicted on Saturday Tamil Nadu chief minister J Jayalalithaa in connection Disproportionate assets case under Prevention of Corruption Act

The court also found her associate Sasikala Natarajan and three others guilty in the case.

TN CM Jayalalithaa faces up to seven years in jail.
If the judge sentences her to imprisonment for a period not less than two years, the AIADMK leader will stand disqualified immediately from the Assembly and may have to step down as chief minister.

The case was shifted to a Bangalore court after Ms Jayalalithaa returned to power for the second time in 2001.

The case was transferred to Bangalore's Special Court in 2003 by the Supreme Court on a petition filed by DMK leader K Anbazhagan who had expressed doubts over conduct of fair trial with Jayalalithaa as Chief Minister.

CM Jayalalithaa can challenge the verdict in the Karnataka high court, as High Court had set up the special court to conduct trial in the assets case that was shifted to Bangalore from Chennai, fearing interference from Jayalalithaa.

What is DA case?

The prosecution had argued that Ms Jayalalithaa had just Rs. 3 crore when she became the Chief Minister in 1991
She took a salary of just one rupee
But in her five-year tenure, her wealth and that of three others who lived with her went up to Rs. 66 crore, without any known business activity.

The alleged illegal wealth includes following
2,000 acres of land,
30 kg of gold
12,000 saris.
Rs. 5 crore was allegedly spent on the wedding of Ms Jayalalithaa's foster son now estranged Sudhakaran in 1996

Chief Minister Jayalalithaa and three associates –
Her former close friend VK Sasikala,
Sasikala's nephew VN Sudhakaran
Sister-in-law J Illavarasi -
Were found guilty of acquiring Rs. 66.65 crore worth of assets by corrupt means between 1991 and 1996 during her first tenure as CM.

If the judge sentences her to imprisonment for a period not less than two years, the AIADMK leader will stand disqualified immediately from the Assembly and may have to step down as chief minister.


Subramanian Swamy told to IBN that “The Governor should take a call on the current law and order situation in Tamil Nadu. The Governor should consider President's rule in the state as anti-social aliments could take advantage of the situation."

He also said that he filed the first compliant not the DMK and now DMK is taking credit for this


Read Section 13(1) (e) in the Prevention of Corruption Act, 1988
(e) if he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income. Explanation.—
For the purposes of this section, “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.

Section 120B -The Indian Penal Code

1 - [120B. Punishment of criminal conspiracy.—
(1)
Whoever is a party to a criminal conspiracy to commit an offence punishable with death, 2[imprisonment for life] or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Code for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence.
(2)
Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both.]

Section 109 in the Indian Penal Code
Section 109
Punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment.—
Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Code for the punishment of such abet­ment, be punished with the punishment provided for the offence.
Explanation.—
An act or offence is said to be committed in conse­quence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment.
Illustrations
(A)
A offers a bribe to B, a public servant, as a reward for showing a some favour in the exercise of B’s official functions. B accepts the bribe. A has abetted the offence defined in section 161.

(b)
A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B.

(C)
A and B conspire to poison Z. A in pursuance of the conspira­cy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, adminis­ters the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder.
CLASSIFICATION OF OFFENCE
Punishment—Same as for offence abetted—According as offence abetted is cognizable or non-cognizable—According as offence abetted is bailable or non-bailable—Triable by court by which offence abetted is triable—Non-compoundable.

Justice delayed Justice Denied

Why it took 18 years to decide this case?

Suggested Reading –

Short Biography Profile of Chief Minister Jayalalithaa AIADMK Politician Actress


Reality views by sm –

Saturday, September 27, 2014

Tags – TN CM Jayalalithaa Jail Convict Corruption Case

2 comments:

mahesh biyani September 27, 2014  

why is Dr subramanian swamy's name missing here

SM September 27, 2014  

@mahesh biyani

thanks.
name is mentioned