Showing posts with label SC Judgement. Show all posts
Showing posts with label SC Judgement. Show all posts

Thursday, 16 February 2017

Modi bites dust in Tamilnadu

Jayalalitha expired on December 5, 2016 and O.Paneer Selvam became Chief Minister of Tamilnadu for third time. On Sun Feb 5, 2017, Tamil Nadu Chief Minister O.Panneerselvam,  tendered his resignation from the post citing 'personal reasons' and Governor accepted the same. In a separate but near identical letters, Panneerselvam thanked Prime Minister Modi and Governor Ch.Vidyasagar Rao for all the support and cooperation extended by them during his term. After O.Paneer Selavam submitted his resignation as CM of Tamilnadu and Leader of the AIADMK legislature party and he himself had proposed Sasikala as Leader of the AIADMK legislature party. Same day and AIADMK MLAs elected party chief V K Sasikala as their leader, paving the way for her appointment as Chief Minister. 

At this juncture Modi & BJP saw an opportunity to gain foothold in Tamilnadu, with just 2.86% vote share and lost all 232 seats contested in 2016 elections. Governor, Ch.Vidyasagar Rao (a BJP leader) indicated that in the interest of forming a stable government, he would wait for SC judgement, in a DA case against Jayalalitha, Sasikala, Elavarasi & Sudhakaran, and had traveled from Delhi to Mumbai instead of to Chennai. Governor's action of not inviting majority party leader to form government, on some pretext or other, is fundamentally incorrect, unprecedented, irrational and blatantly unconstitutional & illegal as there is no bar on a person holding constitutional positions until convicted and jailed. Presumptive action by Governor is in violation of fundamental principles of democracy is untenable and despicable. At the same time the outgoing CM O.Paneer Selvam changed his mind and revolted against Sasikala charging her with applying pressure to sign resignation and requested Governor to permit him withdraw the resignation which was already accepted and is unmaintainable. On Feb 14, 2016 SC delivered judgement upholding Trial Court's conviction judgement in toto, setting aside HC's acquittal judgement, and Governor's stand seems to be vindicated but still is unconstitutional and amounts to overreaching his powers. 

Modi's game plan got tumbled with Paneer Selvam unable to obtain switch of 20 MLAs from Sasikala's group camping at Mahabalipuram resort to his side that could topple Sasikala's claim, with the support of DMK & Congress, arch rivals of Sasikala, despite seven days of time. Going by the inordinate delay in Governor inviting Sasikala to form Government and tone of statements by Paneer Selvam it is clear to everyone that Modi is behind Paneer Selvam's histrionics. Sasikala before proceeding to Bangalore jail got K.Palani Swamy elected as AIADMK legislature party leader with 124 MLA's signing the support document and Governor, Ch.Vidyasagar Rao has no option but to invite Sasikala's proxy K.Palani Swamy to form government and obtain confidence of house within 15 days.

Thus, Modi is once again is at receiving end in Tamilnadu, after his failed adventures in Bihar, Uttarakhand and Arunachal Pradesh, in the past denting his already spoiled image further badly.

My View:
Modi and BJP's game plan to gain foot hold in every state without winning hearts of the people by sheer manipulations is totally against the principles of democracy and making mockery of governance. With Sasikala in jail, and thin majority of 124 against 117, how long K.Palani Swamy government will survive is a million dollar question. A switch by 10 MLAs will pull down the government for which DMK, BJP and Congress would be anxious to do at the earliest opportunity. If that happens, most likely it will in next few months, midterm poll becomes inevitable and DMK & Stalin would be in a position of advantage.

Sensing the reality, the parties behind Paneerselvam namely BJP, DMK & Congress distanced themselves and are trying to be neutral in the forthcoming floor test of new CM Palaniswamy and allowing Paneerselvam to get isolated.

Tuesday, 14 February 2017

Saikala VK's conviction upheld by SC

  • Today, the Feb 14, 2017, the Supreme Court verdict upholding Trial Court judgment, setting aside HC acquittal, convicting AIADMK general secretary VK Sasikala, in a 21-year-old disproportionate assets case, effectively ending her chances of ever taking office as Tamil Nadu chief minister, is a vindication for Governor Vidyasagar Rao deciding to delay formation of government and await SC judgement.
  • In addition to (1) Late Jayalalitha, (2) VK Sasikala and (3) her sister-in-law Ilavarasi and (4) her nephew Sudhakaran were all found guilty and Sasikala, Ilavarasi & Sudhakaran were sentenced to 4 year rigorous imprisonment.
  • Earlier, it was extremely wrong, unconstitutional and patently illegal on the part of BJP and the Modi government to fish in the troubled waters of Tamil Nadu. They have no business to instruct the Governor Vidyasagar Rao to not go to Tamil Nadu and abort the swearing-in of Sasikala scheduled for Feb 8, 2017. Modi government is playing a dirty game as they want to create a problem for the political parties in TN and they want to get some advantage as BJP has no hold in Tamil Nadu. 
  • With Jayalalitha dead and now Sasikala convicted for 4 year sentence, AIADMK stands leaderless, directionless and disintegrating into several groups and some merging with DMK and some with Congress are likely.
  • Whether Governor Vidyasagar Rao had inside information from BJP or Modi about SC's impending judgement against Sasikala, a week ahead, will never be known.
  • Even though dead, Jayalalitha's name will be tarnished in the history books as corrupt and convicted criminal.
  • All properties of Jayalalitha, in the absence of no will left by her, will get liquidated and auctioned to realize the fine of Rs.100 crores imposed by Trial Court.
  • Unless all AIADMK MLAs join together and elect unanimous leader, Tamilnadu will be thrown into political turmoil with Presidents rule followed by mid term poll which will become advantageous to DMK and its leader Stalin. AIADMK might slip into oblivion soon.
  • Sasikala paid bitter price for her misdeeds and cultivating mafia culture and most people hates her except AIADMK MLAs who were granted tickets by her.
  • In Sept 1995, V. N. Sudhakaran, the 28-year-old nephew of Jayalalitha's friend-turned-sister-turned-confidante, Sasikala Natarajan, hit a Vegas-style jackpot when he was plucked out of oblivion by the chief minister, declared her foster son, betrothed to actor Sivaji Ganesan's granddaughter, Sathyalakshmi, and married off in the most expensive and controversial wedding in the state's history, the highest approximate worked out is a mind-boggling Rs 100 crore. This provoked Dr. Subramanya Swamy initiating corruption cases against Jayalalitha, Sasikala, Ilavarasi & Sudhakaran.
Corruption never pays and even a lower court is independent 
whose verdict was same as the SC. She may file a review petition 
but unlikely to get any relief ... Soli Sorabjee

My View:
It took 21 years for our legal system to send culprits to jail where huge assets with powerful people Jayalalitha and sources remain unexplained. Shame on our judicial system. We need judiciary reforms so that there won't be any pending cases in all courts and any case should take less than 6 months. At worst 12 months. Already people of India are shying away from our legal system and taking help of mafia and gangsters for resolution of litigation they encounter. Left unattended the situation will further deteriorate and collapse.

In civil & judicial services, there must be performance evaluation at all levels and bottom 10% in first year and 5% in subsequent years in every category must be compulsorily retired/retrenched every year without any terminal benefits. The vacancies arising could be filled with fresh recruitment. That is how Ratan Tata has turned around Tata Motors in 1990's plagued with all sorts of ills & corruption.


Justice delayed is not only justice denied 
but rule of the law destroyed ... William Ewart Gladstone