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Sentences of other convicts suspended:
Jayalalithaa gets bail with caveats
Taking former Tamil Nadu Chief Minister Jayalalithaa on her word that
there will be no attempt to delay criminal appeal proceedings in the
Karnataka High Court, the Supreme Court on Friday suspended her
four-year sentence in the disproportionate assets case and granted her
bail.
A three-judge bench of Chief Justice H.L. Dattu and Justices Madan B.
Lokur and A.K. Sikri also suspended the sentences of the three other
accused Sasikala, Sudhakaran and Ilavarasi and granted them bail. All
the accused have to furnish two solvent sureties to the satisfaction of
the Special Judge, Bangalore.
Jayalalithaa's lawyer and senior counsel Fali S. Nariman argued that
continued incarceration of the accused at a crucial stage when her
appeal was pending in the High Court would cripple her "valuable right
of appeal against conviction" and reduce it to an "exercise in
futility".
"But how many years did you take to complete the trial itself?" Chief
Justice Dattu interrupted Nariman. "Far too many, My Lord," Nariman
said.
"So, if we pass orders to suspend your sentence now, you will take
another two decades to finish the appeal. Should we not take into
consideration the conduct of the accused in the Special Court, in the
High Court and even in the Supreme Court... the case went on for years
and years and years," Chief Justice Dattu said.
Nariman said he was willing to give an affidavit on behalf of his
client that there would be no delay. But the court decided to repose
faith in Nariman's oral assurances. It gave the accused exactly two
months to prepare the appeal in the High Court.
This would be the litmus test of their assurances that they would not
delay future proceedings in the 18-year-old case.
The case was listed for hearing on December 18, 2014.
"You will prepare the paperbooks and keep it ready in two months'
time. We will post this case for December 18. If you are ready, we will
ask the Karnataka High Court to hear the appeal in three months. But
Nariman, if the paperbooks are not ready, we will not give you extension
for even one day," Chief Justice Dattu observed.
The Hindu |
