| Disproportionate assets case of J. Jayalalithaa | |
| Place: | Chennai |
| Also Known As: | DA Case |
| Participants: | J. Jayalalithaa, Sasikala, Ilavarasi, V. N. Sudhakaran,DR Subramanian Swamy(chief petioner) |
| Outcome: | Imprisonment and fine |
| Charges: | Misuse of office, Disproportionate assets, Criminal conspiracy, Corruption |
| Verdict: | Supreme Court: Trial court verdict restored. High Court: Acquitted of all charges, bail bonds discharged. Trial Court: 4 years' simple imprisonment for all four, a fine of 100 crore for Jayalalithaa and 10 crores for the other three |
| Convictions: | Supreme Court: 3; High Court: none; Trial Court: 4. |
| Litigation: | 18 years |
Jayaram Jayalalithaa (24 February 1948 – 5 December 2016), commonly referred to as Jayalalithaa, was an Indian politician who was the six time Chief Minister of the Indian state of Tamil Nadu. She was initially convicted for misusing her office during her tenure of 1991–96.[1] Subramanian Swamy was the chief petitioner. Some of the allegations involved spending on her foster son's lavish marriage in 1996 and her acquisition of properties worth more than, as well as jewellery, cash deposits, investments and a fleet of luxury cars. This was the first case where a ruling chief minister had to step down on account of a court sentence. Ultimately, in May 2015, her conviction was overturned, she was acquitted of all charges, and she then died before the Supreme Court of India reviewed the case in 2017.
The trial lasted 18 years and was transferred to Bengaluru from Chennai. A judgement on 27 September 2014 in the Special Court headed by Justice John Michael D'Cunha convicted all of the accused—namely J. Jayalalithaa, VK Sasikala, Ilavarasi and V. N. Sudhakaran—and sentenced them to four years' simple imprisonment. Jayalalithaa was fined and the other three were fined each. She was convicted for the third time and was forced to step down from the Chief Minister's office for a second time. She was also the seventh politician and the first Member of the Legislative Assembly (MLA) from the state, and the third nationally, to be disqualified after the Supreme Court judgement in 2014 on the Representation of the People Act that prevents convicted politicians from holding office.
In May 2015, the Karnataka High Court overturned the trial court's verdict, acquitting those accused of all charges. This paved the way for Jayalalithaa's return to power as Chief Minister of Tamil Nadu on 23 May 2015.
On 14 February 2017, the Supreme Court of India over-ruled the Karnataka High Court. Sasikala and the other accused were convicted and sentenced to four years' imprisonment, as well as being fined each. The case against Jayalalithaa was abated because she had died but fines were levied on her properties.[2]
| Particulars | Numbers | |
|---|---|---|
| Sarees | 11,344 | |
| Decorated footwears | 750 | |
| Shawls | 250 | |
| Dressing tables | 9 | |
| Wrist watches | 91 | |
| Suitcases | 131 | |
| Teapoys | 34 | |
| Tables | 31 | |
| Cots | 24 | |
| Sofa Sets | 20 | |
| Dressing Mirrors | 31 | |
| Telephones/Intercoms | 33 | |
| Wall Clocks | 27 | |
| Fans | 86 | |
| Decorated Chairs | 146 | |
| Hanging Lights | 81 | |
| Crystal Cut Glasses | 215 | |
| Refrigerators | 12 | |
| Television Sets | 10 | |
| VCRs | 8 | |
| Video Camera | 1 | |
| CD Players | 4 | |
| Audio Decks | 2 | |
| Two-in-One Tape Recorders | 24 | |
| Video Cassettes | 1,040 | |
| Cash | 1,93,202 |
Later, on 11 May 2015, Jayalalithaa was acquitted of all the charges by High Court of Karnataka.[6]
Later, On 15 February 2017, The Supreme court overheard the case and convicted all. The order of the special court was restored by the apex court. This ended VK Sasikala's dream to be Chief Minister.
The Dravida Munnetra Kazhagam (DMK) government lost power to the Jayalalithaa-led AIADMK government in 2001. In 2003, DMK requested that the court proceedings take place outside Tamil Nadu because it doubted that a fair trial would happen under her governance. The case was transferred to the neighbouring state of Karnataka.[7] During May 2010, Jayalalithaa's counsel argued that those in charge of the proceedings were not competent to run the case. The Supreme Court dismissed the appeal.[8]
In 2002, several prosecution witnesses resiled from their earlier depositions when Jayalalithaa was acquitted by Madras High Court. Bangalore Special Court noted that "No attempt has been made to elicit or find out whether witnesses were resiling because they are now under pressure to do so. It does appear that the new public prosecutor is hand in glove with the accused, thereby causing a reasonable apprehension of likelihood of failure of justice in the minds of the public at large. There is a strong indication that the process of justice is being subverted."[9]
Despite attempting to avoid appearing personally before the court, citing security concerns, the Supreme Court ordered Jayalalithaa to do so.[10] Her deposition lasted two days in October 2011.[11]
In 2012, Karnataka Advocate General B.V.Acharya, who had spent seven years building the case, resigned as the Special Public Prosecutor. He told reporters that he was being pressured by the state government and "forces" who wanted him off the case.[12]
During June 2014, the Supreme Court ordered resumption of trial and dismissed the plea from Jayalalithaa seeking to abate the case.[13]
On 27 September 2014, the Special Court headed by Justice John Michael D'Cunha convicted all four accused. Jayalalithaa was sentenced to four years simple imprisonment under the Prevention of Corruption Act and fined 100 crores, which would be set-off against the confiscated properties. The three co-accused were all sentenced to four years simple imprisonment and fined 10 crores each. Failure to pay the fine would result in an additional year of sentence. The outcome also meant that Jayalalithaa was disqualified as an MLA and as Chief Minister, and that she would not be able to contest elections for 10 years.[14] [15]
Following the judgment, Jayalalithaa was moved to Parappana Agrahara prison. Requests for a VVIP cell and medical treatment were denied. The three co-accused were also jailed at that prison.[16] The four sought bail pending an appeal and this was granted on 17 October 2014. It was stipulated that the appeal must be completed within three months. On 17 October 2014, Supreme Court granted two months bail and suspended her sentence.[17] On 18 December 2014, the same court extended her bail by four months and ordered that her appeal challenging conviction in Karnataka High Court be conducted on day-to-day basis by a Special Bench.
The case went to appeal in Karnataka High Court. Judgement was delayed because Anbazhagan petitioned the Supreme Court against the appointment of Bhavani Singh as prosecutor. He was accused of aiding the defendants. The Supreme Court accepted the appeal and ruled that appointment of Bhavani was against rules. It also instructed the High Court to get written statements from the newly appointed prosecutor of the case by Karnataka government.[18] The Karnataka government appointed B. V. Acharya.[19]
On 11 May 2015, Jayalalithaa was acquitted of all charges by the Karnataka High Court, causing wild celebrations by supporters.[20]
On 15 February 2017, The Supreme court overheard the case and convicted all. The order of the special court was restored by the apex court. This ended VK Sasikala's dream to be Chief Minister.
Karnataka has sent a bill of Rs 12.04 crore to Tamil Nadu in connection with this case. The bill details the expenditure incurred by Karnataka while conducting the DA case between 2004 and 2016. The bill has details of the court charges, security, fees of lawyers, salary of judges and also the security arrangements made in connection with the case. The expenses were incurred by the chief accountant, the registrars of the city civil court and the Karnataka high court and the home department.
Announcement of the judgement and sentence was delayed by six hours, leading to chaos outside the court. Soon after, sporadic incidents of violence were reported across the state initiated by the AIADMK and Jayalalithaa loyalists. Most shops, restaurants, malls and movie halls remained closed and public transport was totally stopped. The neighbouring state of Karnataka and Kerala stopped inter-state buses to Tamil Nadu. A state-owned bus was set ablaze near Kanchipuram before passengers were made to alight. The governor of Tamil Nadu, Konijeti Rosaiah ordered operations to maintain law and order and, while the police said that the situation was under control, opposition parties complained of violence. The leader of DMK, M. Karunanidhi, wrote to the President of India and the Prime Minister seeking restoration of peace.[21] The Central Home Ministry offered support to control violence.[22] Venkatesan, a 65-year-old fan of Jayalilathaa, immolated himself in Chennai as a mark of protest and died later in hospital. Another follower tried self-immolation in front of the house of Jayalalithaa at Poes Gardens but was stopped by the police.[23]
Following the disqualification of Jayalalithaa as Chief Minister, media reported various front-runners for the post.[24] The AIADMK eventually opted for O. Panneerselvam to become Chief Minister.[25]
Jayalalithaa became the first Chief Minister to lose her post due to being convicted while in office and the seventh MLA to lose office for that reason.[26] She was convicted for the third time overall and was forced to step down from the Chief Minister's office for the second time.[15] Jayalalithaa was the sixth former chief minister of an Indian state to have been charged and jailed in a corruption case.[27]