Jayalalithaa bail hearing :
The count down in the Supreme Court of India
10.30 am: The First Court
of the country presided by a bench led by Chief Justice of India H.L.
Dattu and Justices Madan B. Lokur and A.K. Sikri assembles for the day.
The courtroom is jam-packed. Many lawyers from Tamil Nadu and AIADMK
cadre present in the inner sanctum of the court and also visitors'
gallery.
11.30 am: Senior advocate
Fali S. Nariman, for former Tamil Nadu Chief Minister Jayalalithaa,
enters the courtroom in his quiet fashion. Lawyers make way as the
senior advocate proceeds to the front row reserved for lawyers in the
inner sanctum.
He is accompanied by senior advocate KTS Tulsi, who represents two of
the accused.
11.40 am: Item 65 on the
board is called. Arguments commence with Nariman driving right into the
Karnataka High Court's bail order. He says the High Court judge has
committed an error. Says the High Court refers to the 2012 case law -
State of Maharashtra Through CBI, Anti Corruption Branch, Mumbai vs.
Balakrishna Dattatrya Kumbhar - which deals with stay of conviction and
not suspension of sentence.
11.42 am: Nariman said
using the 2012 case law to note that "corruption is a violation of human
rights" in a limited question of suspension of sentence is wrong.
11.44 am: Chief Justice of
India H.L. Dattu responds that the HC judge is merely saying that these
are white-collar crimes. Nariman responds that a catena of Supreme Court
decisions says "suspension of sentence when the criminal appeal is
pending is a valuable right afforded to the accused, and is the norm".
11.46
am: Nariman picks up each judgment used by the Karnataka High
Court to justify the refusal of suspension of sentence to counter that
in all of them, the tenor of judicial reasoning is that suspension of
sentence is norm, and if denied will leave the exercise of criminal
appeal "an exercise in futility" for the accused.
11.53 am: Nariman argues
that the Special Court convicted his client by "completely ignoring a
series of evidence on income and assessments placed before it to show
that there is no case made out against her under the Prevention of
Corruption Act.
12 pm: "But how many years
did you take to complete the trial?" Chief Justice Dattu interrupts
Nariman.
"Far too many, My Lord," Nariman concedes.
"If we pass the suspension of sentence now, you will take another two
decades to finish the appeal," Chief Justice Dattu responds.
12.07 pm: Nariman says he
will give an affidavit on behalf of his client that the appeal in the
High Court will be completed in two months. There will be no delay on
Ms. Jayalalithaa's part.
"Should we not take into consideration that the conduct of the
accused in the Special Court, in the High Court even in the Supreme
Court... the case went on for years and years and years," CJI said.
12.09 pm: "This is a case
in which the entire country has some considerations," Nariman submits.
"We do not take all that into consideration. That does not matter for
us," Chief Justice Dattu replies.
"I withdraw my comment," Nariman quickly pulls back.
12.10 pm: Nariman suggests
to the bench if "the lady can be confined to her house in Chennai for
two months till the appeal is heard". To this, Chief Justice replies "we
do not pass such unusual orders. Either we grant bail or not". The bench
then goes into a huddle as the court waits.
12.12
pm: Chief Justice Dattu asks within what time can Ms.
Jayalalithaa file documents and be ready to fight her criminal appeal in
the Karnataka High Court. Nariman replies "in six weeks". He says the
appeal hearing can be finished by February 2015. Chief Justice says the
court is willing to take his word for it and he does not have to file an
affidavit. Tulsi submits he agrees with Nariman.
12.15
pm: Subramanian Swamy, the original complainant in the DA
case, is given a chance to make his submissions.
He says there has been sporadic violence in Tamil Nadu. Cartoons
against the High Court judge has been put up.
He says the situation is "extraordinary" that bail should not be
granted.
"She could have put a stop to the violence. Rampant lawlessness in
the State. One command from her was enough. But she has not. Her entire
Cabinet is in Karnataka. Her cabinet cannot take oath without crying,"
Swamy submits. Chief Justice Dattu turns to Nariman for an explanation.
"All this will be communicated. I have already told them. A directive
has to be indeed issued by her. They should maintain political
morality," Nariman assures the court.
12.20 pm: Chief Justice
pacifies Swamy, says: "An 'extraordinary' circumstance is when a person
tries to run away to another country after conviction. Her party workers
are unruly, what can she do? Is there anything to show that she ordered
the violence?"
12.24 pm: "You prepare the
paperbook (case documents and file) and keep it ready in two months.
Then we will tell the High Court to hear the appeal in three months.
But Nariman, if the paperbook is not ready in two months, we will not
give you a day more," Chief Justice tells Nariman.
12.25 pm: A short order releasing the four accused on bail provided
they present bond with solvent sureties to the satisfaction of the trial
judge. The case to be listed on December 18.
"Keep the paperbook ready, Nariman on December 18. We will not give
even one day's extension (for preparing the appeal grounds)" Chief
Justice repeats amidst the loud buzz of excitement from the crowd in the
court.
Some lawyers were seen standing with folded hands as Nariman exited
the court as quietly as he came in.
The Hindu |