FINDING JUSTICE: A HERCULEAN TASK, EVEN A MIRAGE FOR SOME

Salman and Jayalalithaa may walk free in finality but we will keep asking questions.

Well, legal recourse is a costly thing in this country and how it serves the purpose of the high and mighty is clear, first from Salman Khan’s hit and run case, and then in J. Jayalalithaa’s disproportionate assets case.

In both cases, the trial in lower courts dragged on for years. 13 years in Salman’s case and 18 years in Jayalalithaa’s case.

Salman got interim bail on the same day of conviction and got his sentence suspended and full-time bail on the very second day of his conviction.

Jayalalithaa got bail on 21st day of her conviction by the lower court (bail from the Supreme Court) and in 8 months, got it overturned in the Karnataka High Court, the High Court that had denied her bail when she had approached it on 10th of her conviction.

Bombay High Court will now hear Salman’s case with claimed testimonies that were not taken into account by the prosecution at the lower court. Salman is a big star, probably the biggest mass star today. He is a changed man now and he also runs a charity that works well.

And irrespective of what the law says, what his past and present say and what the courts say, the changed perception about him, with all his resources, will a play major role here.

With Jayalalithaa, the Supreme Court will hear her acquittal next (if challenged). O Paneerselvam, Jayalalithaa’s trusted aid and the current chief minister of Tamil Nadu, who took over from Jayalalithaa after she was sentenced by the lower court, has offered his resignation, as the sources say and the best battery of lawyers including a legal luminary will represent the next Tamil Nadu chief minister (in natural circumstances) in the Supreme Court.

Though Jayalalithaa is yet to make a public appearance, she is sure to take over from her trusted aide of all seasons. She sees herself as the ‘gold refined by fire’ even if her opponents find mathematical discrepancies in the High Court judgment in ‘calculating’ her income.

The legal luminaries involved in these cases would cost crores that someone with deep pockets like a Salman Khan or J. Jayalalithaa can well afford.

Serious cases have their range in thousands (of Rs) in lower courts. The very cases in High Courts turn to cost you in lakhs. And in case of Supreme Court, even a single hearing involving these legal luminaries may run into lakhs or tens of lakhs. Even an unheard lawyer of the Supreme Court would cost around a lakh for Special Leave Petition for a single appearance in the apex court of India.

Filing a case of serious nature and fighting it seriously in Indian courts, with multilayered corruption and shoddy professional integrity, would cost you dearly. A good battery of lawyers including legal luminaries of this country can complicate any case to the extent that it takes years before the case reaches to any conclusion.

Those who can afford fighting a case though its different layers, demands and years, stay in the league to get the decision while those who cannot, i.e., the majority of this country, bow out in the process.

Collage-May13,2015

Featured image courtesy: Images sources from websites of Being Human, AIADMK and e-Court project, Government of India

©/IPR: Santosh Chaubey – https://santoshchaubey.wordpress.com/

A STAR, A BIG POLITICIAN AND GLIMPSES OF KNOWN IRONY

First it was a celebrity actor, dear to millions, a big personality with a wide acceptability and every mean was available to him to used the best of the legal minds.

Then it was a national level politician, a de facto chief minister of a state, dear to her voters who count in millions and she, too, had access to every legal mind she wanted available to.

From Friday, May 8 to Monday, May 11, it is just three days and we are raising questions, like never before, once again.

In both cases, higher courts seem to reject the decision of lower courts. We have an assumption in case of lower courts, that in spite of the big names, lower courts usually deliver a tough verdict in serious and highlighted cases.

There are various reasons behind it including an adverse entry by a senior judge in case there is shoddy delivery of judgment.

The reason behind that assumption suffered a serious setback with these two cases.

In Salman Khan’s hit and run case, the court proceedings dragged on for 13 years. He was delivered a sentence of five years for killing a person a injuring four others when he lost control of his car in a drunk state of mind. Within few hours, the high court granted him interim bail and within two days, suspended the sentence of the lower court and granted him bail raising questions on the judgement itself.

I remember reading an IANS report before his sentencing by the lower court which said, quoting film industry experts, that film industry was not worried about Salman’s sentencing as it would take years for the final verdict in the apex court, even 10 to 15 years, and Salman would be 60+ by then.

In Jayalalithaa’s disproportionate assets (notoriously/famously known as the DA case), the lower court, after many twists and turns, reached on a guilty verdict, after 18 years. Special Court’s judge John Michael D’Cunha was scathing in his verdict on September 27, 2014. According to a report in India Today, D’Cunha was known as a no-nonsense judge. The report said about him – “Special Judge John Michael D’Cunha, who convicted Tamil Nadu Chief Minister Jayalalithaa in the disproportionate assets case on Saturday, has a reputation of being a no-nonsense judge who gave an indication of his stern approach while dealing with the politically volatile case.”

But on 21st day of it, Jayalalithaa, who had left the chief minister’s chair for her trusted aide O. Paneerselvam, as the verdict needed her (her four year prison term disqualified her from holding any office and contesting polls), got bail from the Supreme Court, if not the High Court which denied her so.

And within 8 months, a judge from that Karnataka High Court totally overturns the decision of the lower court. Today, the Karnataka High Court acquitted her of all charges in the case and rejected the decision of the lower court.

Glimpses of a known irony!

13 years to the same day and then within 2 days – beginning of the trial court in the lower court to sentencing – interim bail on the same day – suspension of sentence and bail by the High Court on the second day

18 years to 21 days to 8 months – beginning of the trial in the lower court to sentencing – bail from the Supreme Court – acquittal from the High Court

It’s not about Justice John Michael D’Cunha Vs Justice C. R. Kumaraswamy.

It’s not about Justice D. W. Deshpande Vs Justice Abhay Thipsay.

It’s about ‘trust’ and its ‘value’. It’s about treatment of the law and its approach towards the ‘haves’ and the ‘have nots’.

In both cases, higher courts found many ‘loopholes’ in the judgments of lower courts. From May 8 to May 11, one judgment (in Salman’s case) was suspended (with serious questions on judgment) and other was overturned (in Jayalalithaa’s DA case) – but not without questions among the general public.

Two important cases for Indian democracy and the lower courts understood (what this article thinks) their importance when they delivered the verdicts – only to be questioned and rejected by the higher courts.

Yes, the higher courts have all the rights to differ from the verdicts of the lower courts and we have a judicial process right to the level of the Supreme Court to address grievances and differences and it comes as a lease of life in many cases.

But, in these two cases, we are asking so many questions.

And that is the problem area. Their release should not raise so many questions but there are questions.

©/IPR: Santosh Chaubey – https://santoshchaubey.wordpress.com/

JAYALALITHAA CONVICTED IN DA CASE: AS EXPECTED, TEARS ARE OUTPOURING! (SPILLING OVER)!

The flow becomes copious and tries to stuff in as many points of the loyalty bonus as possible when the camera pans towards them!

Jayalalithaa, the ‘immensely’ popular Tamil Nadu chief minister, who rode back to the corridors of power in 2011, and repeated her electoral success in Lok Sabha elections this year, almost wiping out the main political opposition party in the state, the DMK, has been convicted in a DA case (or the disproportionate assets case –a term brought in vogue by the deeds of the Indian politicians facing corruption charges).

She was convicted today by a judge of a Special Court hearing her case in Bangalore, out of Tamil Nadu, on a plea, after she took over the reins of the state. She was convicted today in yet another corruption case, by a trial court, after 18 long years. Yes, like in the past, she can expect to walk out free from the higher courts, but that comes later.

And unlike in the past, she cannot remain the chief minister now, given a recent landmark Supreme Court order, that imposes the restrictions immediately after the ‘being guilty’ verdict is announced.

So, after 18 years – 18 long years, she is facing the jail term again, and see, who is celebrating in Tamil Nadu, another political family facing charges and allegations of huge corruption and misappropriations – the Karunanidhi family, as the charges and the ongoing probes say – many prominent DMK faces were in jail like Kanimozhi, Karunanidhi’s daughter or A Raja, former Telecom Minister. In fact, most of the central figures and the first political families in majority of the Indian states are facing corruption allegations/charges.

While writing this, the suspense over her sentencing continues. According to the legal experts, the minimum term that she faces in prison is one year, while the gravity of the charges and the subsequent judicial interpretation by the presiding judge can stretch it to the maximum under the terms of her conviction – seven years.

As of now, the unconfirmed reports say of a four year term and that she would go to jail tonight.

And as expected, as has been the trend in the politics of the South Indian states in such circumstances, the painted up faces and the made up emotions have taken up their positions. As expected, tears are outpouring and the administrative machinery is geared up to tackle the incidents of violence against the verdict of a democratic institution.

Amma’s (Jayalalithaa’s) supporters are crying out their hearts and it becomes louder and more vocal when facing cameras – Glycerine tears, like many claimed suicides after the sudden death of Andhra Pradesh Chief Minister in a helicopter crash on September 2, 2009?

©/IPR: Santosh Chaubey – https://santoshchaubey.wordpress.com/