Karnataka HC denies bail to Jaya
Says apex court’s message is against bail
Corruption is against human rights
Appeal in SC in a day or two
Public Prosecutor said no objection to conditional bail
Bangalore, October 7: Karnataka High Court today rejected bail petition of former Tamil Nadu Chief Minister J Jayalalithaa forcing her to continue to stay in jail. The lawyers of the AIADMK chief would be filing an appeal in Supreme Court on Wednesday or Thursday. They have obtained a copy of the HC verdict in the afternoon of Wednesday.
There was a confusion in the electronic media for a while prompting them to flash the news that Jayalalithaa was granted bail. Since the Public Prosecutor G Bhagavan Singh told the Justice AV Chandrasekharan that he has no objection to Jayalalithaa being granted a conditional bail, the word went around saying that she was certain to get a bail. The rumour confirmed that the bail was granted misleading the media which in turn created confusion in political circles. AIADMK workers and leaders started celebrating the development but were crestfallen when informed that the plea was rejected. Counsel Amit Desai appeared for Sasikala, Sudakaran and Ilavarasi, the three aides of Jayalalithaa who were also sentenced. He could not succeed in persuading the judge to give bail to his clients.
Noted lawyer Ram Jethmalani argued earlier on October 1 before vacation bench that the sentence should be suspended till the bail plea was heard and decided. He told the bench that his client’s health has been indifferent and a bail has to be granted for her. The Public Prosecutor opposed the plea by Ram Jethmalani at that time. Ram Jethmalani has appeared on Tuesday in the HC for Jayalalithaa and made similar argument and asked that the sentence be suspended under section 389 of Criminal Procedure Code. When the prosecution has no objection to the granting of bail, why is the court denying it, he asked. He told the judge that the regular practice is to grant bail. But the HC made it clear that the Supreme Court had in its previous judgments given very clear message that criminal cases have to be fast tracked. The apex court had also commented that corruption is anti-social and anti-human rights. Jethmalani quipped, “My client will take a call.”
The reason for the DMK lawyer for not insisting on rejection of the bail plea was fear of popular wrath and attracting the fury of the admirers of the former chief minister. Jayalalithaa has been staying in Parappan Agrahara Jail here since September 27. She was sentenced to 4 years in prison and a fine of Rs 100 crore by the CBI special court judge John Michael D’Cunha. The Disproportionate Assets case was filed in a special magistrate court in Chennai by Dr Subramanya Swamy about 18 years ago and was pursued by the DKM.
Tamil Nadu Chief Minister O Panneerselvam has appealed to the people in general and the AIADMK workers in particular not to get emotional and create a law and order problem. General opinion expressed by the observers is that the application for bail has to be fast tracked and they should not have taken ten days to dispose of the application in the HC.