Opinion Why assets case is important for Jaya

In October 2000,a special court convicted and sentenced Jayalalithaa for three years

August 31, 2013 12:56 AM IST First published on: Aug 31, 2013 at 12:56 AM IST

For Chief Minister J Jayalalithaa,the disproportionate assets case is what Greek theatre would describe as sword of Damocles. Having faced a political crisis soon after assuming power over a decade ago,she for one well understands the implications of a conviction,however unlikely it may seem.

In October 2000,a special court convicted and sentenced Jayalalithaa for three years and two years in two cases known jointly as the Tansi cases. A year later,during the 2001 assembly elections,her candidature was rejected on two grounds: that the conviction disqualified her from contesting under Section 8 (3) of the Representation of the People Act,and that she had filed nominations from four constituencies instead of a maximum two permitted under Section 33 (7) (b) of the same Act.

But after her party-led alliance won the elections,Jayalalithaa,an unelected member,was sworn in as the chief minister in May 2001. In the normal course,she had six months to win a byelection. But questions surrounding this unprecedented situation where a convicted person was sworn-in when she was disqualified from contesting due to the same conviction in the first place reached the Supreme Court. She had to step down in September after the apex court held her appointment unconstitutional.

Though she managed to return as the chief minister in just a few months after the Madras High Court acquitted her,that sure is a situation the AIADMK chief would not want again.

At the time of contesting election in 2011,she had nine cases pending against her. Besides the ones related to wealth and income tax,defamation and election petition (later cleared),the two important cases were the Rs 66.65 crore disproportionate assets case and the gifts case which charged her of accepting demand drafts worth Rs 1.48 crore on her birthday in 1992.

In late 2011,the High Court quashed the proceedings against her,and although the CBI has appealed the verdict,Jayalalithaa is primarily left with the trial in the assets case.

The trial has been proceeding often laterally than forward at a court in Bangalore for the past 10 years. It has now come under the spotlight due to controversies surrounding the appointments and exits of special public prosecutors.

The recent verdict by the Supreme Court,striking down a section in the RPA that protected convicted members,has added another dimension to her trouble. The court said the order would not be applicable in the case of members who have already appealed against their conviction,which protects Jayalalithaa in the gifts case. But the court also made it clear that those convicted from now on will be disqualified.

Gopu is a principal correspondent based in Chennai

gopu.mohan@expressindia.com