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Jayalalithaa convicted, found guilty! Sentencing at 3 p.m. today

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mkrishna100

mkrishna100

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I get all my India news analysis from the forum !

What does it mean by "Quantum of sentence"

What does it mean for Tamil Nadu politics?

I thought this case was filed perhaps by Dr Swami or DMK or both.

DMK is known for corruption too .. so what does this all mean.

I am sure we have expert analysts among our membership here !

Curious to know your analysis
 
A DMK lawyer present inside the court told HT that all those convicted in the case were sentenced to four years in jail. While Jayalalithaa has been fined Rs. 100 crore, the others have to pay a penalty of 25 crore each, he added.
This, however, has not been officially confirmed yet.

A two-year sentencing means the AIADMK leader will stand disqualified immediately from the assembly and may have to step down as chief minister.
Jayalalithaa had to quit as chief minister immediately after her oath-taking in 2001 following the Supreme Court declaring null and void the action of the then governor Fatima Beevi appointing her as the CM as she had been sentenced to two years rigorous imprisonment in a corruption case.
The perception in the AIADMK is that senior state minister O Panneerselvam, who is known for his loyalty to ‘Amma’, could be asked to act as chief minister again. In September 2001, when the apex court had set aside Jayalalithaa's appointment, she had installed Panneerselvam..

Jayalalithaa found guilty of corruption; tension grips Tamil Nadu as clashes erupt - Hindustan Times

 
Tamil Nadu Chief Minister J.Jayalalithaa was convicted and handed a four year jail sentence along with a 100 crore fine. The other three accused in the case were sentenced to four years in prison and a tn crorer fine. Since the sentence is more than three years, the special court does not have jurisdiction to grant bail and hence she will be take into custody.The conviction of AIADMK general secretary Jayalalithaa in the 18-year-old disproportionate assets case has come as a rude shock to the ruling party, casting a doubt over the 66-year-old leader’s political future ahead of the 2016 Assembly polls.Jayalalithaa has earned the dubious distinction of becoming the first sitting Chief Minister in the country to be found guilty under the provisions of the Prevention of Corruption Act and faces the prospects of being disqualified as MLA and losing power.
While a pall of gloom descended at the AIADMK headquarters at Royapettah, with some angry workers burning effigies of DMK leaders, the archrivals celebrated Jayalalitha’s conviction with scores of DMK workers thronging the headquarters Arivalayam as well as Karunanidhi’s residence.
The Hindu: Latest News, Breaking News, Current News, Live Updates on India & World, Jayalalithaa convicted, Jayalalithaa sentencing, Jayalalithaa assets case


The special court’s verdict pronouncing their leader ’Amma’ (Mother, as she is addressed by supporters) guilty crushed the diehard AIADMK supporters’ hope of her emerging unscathed in this case that was hanging over her head like the Damocles’ sword.


 
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The detailed analysis of the case ,its full legal impact will be known only tomorrow as the full judgement is to reach the press and concerned legal experts . As regards the Political impact it will be clear once the legal impact is fully known .
 
Good that the long hand of justice is catching up with high & mighty..How about the No 1 thief Mu Ka and his family of Stalin, Azhgagiri, Kanimozhi, their children and grand children? When are these scoundrels going behind bars..I wish the same to their family ..The guys are worth more than 10000 crores..
 
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vgane said:
Good that the long hand of justice is catching up with high & mighty..How about the No 1 thief Mu Ka and his family of Stalin, Azhgagiri, Kanimozhi, their children and grand childre? When are these scoundrels going behind bars..I wish the same to their family ..The guys are worth more than 10000 crores..Only the cases are to be filed
Click to expand...

I agree with you, but is it too little, too late. Justice too goes in slow motion in India. By that time Mu Ka will be dead. I think there should be a time frame for verdict in judicial cases. Preferably in a fast track.
 
The Hindu's K. Venkataraman has answers regarding the various legal ramifications, now that the verdict is out. The following were questions asked by readers.
Jayalalithaa convicted, what next? - The Hindu

Q: Can she appeal? Or is this it?
She has the right to appeal. This is only a Special Court.
Q : What happens to Jayalalithaa's political future?
She is disqualified from contest for the period of imprisonment (four years) and six years thereafter. A total of 10 years. At the same time, she has the right of appeal. At the time of appeal, the sentence is usually suspended, but in rare, very rare cases, the court may grant stay of conviction. In such a situation, it may be argued that by getting a stay on conviction she has re-acquired the qualification to contest. In the event of there being no such stay, but only an order suspending the sentence and granting bail, she may be unable to contest until the High Court gives its final verdict on her appeal. If and when she re-acquires eligibility to contest, she has to come into the Assembly only through a by-election.
Q: What's the maximum possible sentence?
The Act provides a minimum of one year's prison term and a maximum of seven years. (Update: She has been sentenced to 4 years.)
Q: Who becomes next CM now?
A: It's anybody's guess. There are many names doing the rounds. Finance Minister O.Panneerselvam, who on a similar occasion earlier became Chief Minister, and Visalakshi Nedunchezhian top the list.
Q: Will she will be taken into custody immediately?
If the sentence is up to three years, the Court has the power to suspend its own sentence for some time to enable the accused to appeal. It is the court's discretion. For terms above three years, the court doesn't have this power and the accused will have to go to a higher court on appeal and seek suspension of the prison term. In such circumstances, the accused will have to be taken into custody and lodged in prison.
Q: PR act bars convicted person to be MLA/MP. Which section bars them to be CM/PM/Minister? Will there is a situation where Jayalalithaa is not an MLA but still CM?
The Representation of the People Act, 1951 does not bar or enable someone to become CM/PM/Minister. It is provided for in the Constitution. Normally, a non-member can be CM for a maximum of six months. However, in 2001, when under a subsisting conviction, she was appointed CM without being a member, the Supreme Court quashed her appointment. The present position is that a non-member can be a Minister only if he or she is eligible to contest and not disqualified for contest.
Q: What happens to her assets?
There are provisions in law to identify and dispose of such assets through auction, but that is a long way away as it involves a separate process. The appeals will also have to be disposed of.
Q: What will now happen to the TN's assembly?
The Assembly will not be disturbed.
Q: Can she contest in the next election?
If the disqualification continues -- that is if the conviction is not overturned or stayed by a higher court -- she cannot contest the next election
Q: Once the sentence period is over can she become CM instantly?
The law is that the disqualification continues for six years from the date of release.
Q: Why should current set of Ministers resign if the verdict is against her?
The Cabinet is a single unit and it is wholly appointed on the CM's advice. There is no Cabinet without the CM. The next CM will have to advice the Governor on appointing Ministers
Q: What cases remain open against Jayalalithaa? Can this case be reopened by anyone who wants to appeal against the verdict
A couple of income taxes and one pertaining a foreign remittance are the only other cases pending against her. The IT case is going on in Chennai, and the foreign remittance (CBI) case is bogged down in technicalities in the Supreme Court. Cases in which she has already been acquitted at the level of the SUpreme Court cannot be reopened
Q: Which state she will be put in jail?
As of now, it will be in Karnataka. But she has the right to seek a transfer to TN, as the only reason the case was shifted to Bangalore was to ensure a fair trial, which has been achieved.
Q: What will be the legal steps if punishment upto 3 years and more than 3 years?
Up to three years, the Court has the power to suspend its own sentence and give the accused time to file an appeal. Until then, they need not go to jail. Above three years, the court doesn't have this power and has to commit the convicts to prison.
Who will pay the court expenses?
The government foots the bill.
Q : Will DMK will gain political mileage through this?
Yes. The DMK will gain political mileage, more so in the 2016 Assembly elections
Q: Can a State CM declare emergency and continue rule?
There is no such provision in the Constitution for a state-level Emergency
FAQ
Q: Why did this case take 18 years from first complaint to final verdict?
The trial was near completion in 2000. However, after the change of regime in 2001, the AIADMK government recalled all the witnesses to change their testimony. The SUpreme Court termed it an attempt to derail the case and transferred it to Karnataka, where it had to be started afresh. Several petitions, translations of documents, large number of legal issues raised, changes in judges and prosecutors, large number of witnesses -- these were among the reasons for the delay
Q: Did this case initially come under Karnataka's jurisdiction?
No, it was transferred to Karnataka under the Supreme Court's orders. The court felt a fair trial was not possible in Tamil Nadu under AIADMK rule
Q: Can the subjective opinion of a judge change the course of justice?
Yes, that is why the law provides for appellate remedy.

 
What she did for Achharyalls decade aago, she is paying the price.

Acharyaal got acquitted in Pondy but she got convicted in her motherland , Karnataka.


Let her cool the heels there, with all the added comfort of Kosukadi
 
ShivKC said:
What she did for Achharyalls decade aago, she is paying the price.
Acharyaal got acquitted in Pondy but she got convicted in her motherland , Karnataka.
Let her cool the heels there, with all the added comfort of Kosukadi
Click to expand...

Tamilnadu's leading politician says Jayalalitha got this sentence because she once sent him to jail. He was actually an angel who did not know even what corruption means and yet she sent him to jail. So Ilango's words ஊழ்வினை உறுத்துவந்து ஊட்டும் has been proved.

The pettai rowdy in my area of the city who is out on bail loudly proclaims that Jayalalitha suffers because she had put him in jail for the theft he committed.

And ShivKC says.............!! LOL.

Just as every conviction is not proof of guilt finally, every acquittal is not proof of innocence either. LOL. If there are doubts please ask A. Ramana or Swaran Mala. LOL.
 
If I were the embattled CM of TN I will do the following:

1. I will go to jail quietly , spend four days there and come out when my appeal is allowed. I will tell the world that I am innocent as I have no son, daughter, grandson, grand daughter, wife, chinnaveedu, chinnaveedu's children, a nephew, nephew's children etc., who all depend for their comfortable living for the next 7 generations on me and my ability to sell tamil and hatred for a community to the tamils at large. I will tell and prove that there is no compulsion for me to take bribes and I suffer for the mistakes committed by others around me.

2. As this is only the judgment by the trial court it is not final and I have high court and finally the supreme court to appeal to. I will appoint Subramanian swamy as my advocate to fight my cases. I will appoint a battery of the best lawyers in India to fight my case.

3. I will personally identify a well known Tamil for the Srirangam constituency that I represent and tell the citizens of that constituency that he represents not only AIADMK but also me personally and request the voters to elect him/her. I will prove a point or two by that when he/she wins.

4. I will appoint O.P again as the interim CM or someone else from the Thevar/mukkulathor community to take care of my Government and to keep MK and company under a tight leash.

5. Without waiting for the appeal to be heard I will ask every follower of me to contribute Rs. 10 towards a fund which will be used for paying the fine of Rs. 100 crores. I will again prove a point to the court and the people of the country. I will liquidate all my assets and create a trust/foundation for spreading education among the village girl children. I will survive on my minimum needs which will come from another trust created in a transparent manner.

6. I will go every constituency visited by MK for electioneering and will speak about his conceit and games. I will never allow him to come to CM's seat again by doing that.

7. I will encourage OP to open as many cases that have been closed as possible against my political opponents to bring out the truth finally.
 
If I were the embattled CM of TN I will do the following:
Click to expand...

The first thing she should do before taking the next legal step ( i.e go for appeal ,seeking bail , seeking transfer of her prison to Chennai etc ) is first to deposit Rs.100 Crores to the Bangalore court .This is what was mentioned by an advocate on a local TV show here .
 
Vaagmi said:
If I were the embattled CM of TN I will do the following:

1. I will go to jail quietly , spend four days there and come out when my appeal is allowed. I will tell the world that I am innocent as I have no son, daughter, grandson, grand daughter, wife, chinnaveedu, chinnaveedu's children, a nephew, nephew's children etc., who all depend for their comfortable living for the next 7 generations on me and my ability to sell tamil and hatred for a community to the tamils at large. I will tell and prove that there is no compulsion for me to take bribes and I suffer for the mistakes committed by others around me.

2. As this is only the judgment by the trial court it is not final and I have high court and finally the supreme court to appeal to. I will appoint Subramanian swamy as my advocate to fight my cases. I will appoint a battery of the best lawyers in India to fight my case.

3. I will personally identify a well known Tamil for the Srirangam constituency that I represent and tell the citizens of that constituency that he represents not only AIADMK but also me personally and request the voters to elect him/her. I will prove a point or two by that when he/she wins.

4. I will appoint O.P again as the interim CM or someone else from the Thevar/mukkulathor community to take care of my Government and to keep MK and company under a tight leash.

5. Without waiting for the appeal to be heard I will ask every follower of me to contribute Rs. 10 towards a fund which will be used for paying the fine of Rs. 100 crores. I will again prove a point to the court and the people of the country. I will liquidate all my assets and create a trust/foundation for spreading education among the village girl children. I will survive on my minimum needs which will come from another trust created in a transparent manner.

6. I will go every constituency visited by MK for electioneering and will speak about his conceit and games. I will never allow him to come to CM's seat again by doing that.

7. I will encourage OP to open as many cases that have been closed as possible against my political opponents to bring out the truth finally.
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JJ has met many more battles..Right now her future looks nebulous...She is scathed by this, but will come back looking at the pouring of emotion in TN & people's support!

Vaagmiji,

Well done...I will anoint you as special advisor of JJ
 
Vaagmi said:
The pettai rowdy in my area of the city who is out on bail loudly proclaims that Jayalalitha suffers because she had put him in jail for the theft he committed.
Click to expand...


I have come across a Vaishnavite Harikatha exponent in a function said, immediately after seer's arrest, that JJ will pay for it one day very severely. I thought it wouldn't happen.

Let her appeal to her favourite Almighty.


 
Vaagmi said:
The pettai rowdy in my area of the city who is out on bail loudly proclaims that Jayalalitha suffers because she had put him in jail for the theft he committed.
Click to expand...


Well, in Chennai, even pettai rowdy's became a gospel, like Valmiki, who was a thief initially.
 
Do many in the Iyengar community worldwide have a soft corner for JJ? If they do they can help her in her hour of need by quickly raising funds to pay JJ's fine and also her other legal expenses..
 
Arasan andru Kolvan Deivam Nindru Kollum - The mills of God grind slow but sure.

The above statement is used for people who occupy High places and keep evading the law using their power and position and finally end up in jail & now JJ is also not an exception to this . Next in line are the Maran brothers .
 
tks said:
Do many in the Iyengar community worldwide have a soft corner for JJ? If they do they can help her in her hour of need by quickly raising funds to pay JJ's fine and also her other legal expenses..
Click to expand...

Let the AIADMK cadres pay the fine of Rs100 Crore for their Amma . In Captain TV yesterday night one ex Congress Politician Tiruchy Veluswamy said that the true colors of the AIADMK senior party members would be revealed in the following weeks as there is nothing much left Politically for Jayalalitha and they would all start jumping sides from this sinking ship and the Centre will make all its efforts to book other senior ministers in Corruption cases and keep on sending one by one to Jail .
 
Ten year term is a big gap to bounce back.

In order to stop erosion of AIADMK cadre in large scale, she can hand over the party to Rajnikanth immediately and make him as CM, who has good amount of personal influence with the people of TN. With his personal popularity and the popularity of AIADMK, created by MGR, AIADMK can survive without much difficulty. He may also get the support of neutral voters. This is the possible best alternative.

If JJ appoints a proxy, managing the affairs becomes from the house or otherwise without any power will become fruitless.
 
CHANDRU1849 said:
Ten year term is a big gap to bounce back.

In order to stop erosion of AIADMK cadre in large scale, she can hand over the party to Rajnikanth immediately and make him as CM, who has good amount of personal influence with the people of TN........
Click to expand...
:nono: Sir!
It is said that the next appointed CM has to be in her control and will to be a 'sONA' boy / girl!! :decision:
 
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