The big Jaya Verdict and the after effects

By Deepak Parvatiyar

September 28, 2014

In contemporary Indian politics, only few match Jayaram Jayalalithaa’s charisma, yet none matches her guile!

In her over three-decade-long political career, often marred by charges of corruption against her and her close associates, the feisty lady faced many legal battles and emerged unscathed. This time again, the political career of the enigmatic chief minister of Tamil Nadu is now at stake following her conviction in an 18-year-old disproportionate asset case by a special court. The court held her guilty of acquiring assets worth Rs 66.65 crore through dishonest means during her first tenure as chief minister between 1991 and 1996 and sentenced her to four-year imprisonment and also imposed a fine of Rs 100 crore. The co-accused in the case – Jayalalithaa’s former friend V K Sasikala, Sasikala’s nephew V N Sudhakaran and sister-in-law J Illavarasi – too have been sentenced to four years in jail and fined Rs 10 crore each. All have been convicted under Section 13(2) and 13(1) (e) of the Prevention of Corruption Act, 1988.

Immediate Fall-out of Jayalalithaa’s Conviction

The conviction leads to Jayalalithaa’s immediate disqualification as Member of the Legislative Assembly and in the process she earns the dubious distinction of becoming the first Chief Minister ever to be compelled to step down after being pronounced guilty under the provisions of anti-corruption law.

The stringent new law disqualifies her from contesting any election for the period of imprisonment (four years) and six years thereafter.

Jayalalithaa was convicted earlier too

In a chequered political career, this is the second time that Jayalalithaa is forced to relinquish the office of the chief minister following her conviction.  During her second term in power in 2001 too, she had to quit just within four months after she was sworn in as the chief minister following her conviction in the Tansi land scam case wherein she was sentenced to five years of incarceration. The Supreme Court had then intervened to declare null and void the action of the then Governor, Fatima Beevi, appointing her as chief minister.

Jayalalithaa though returned as chief minister just five months later in March 2002 after the court acquitted her of the charges.

The history of the Disproportionate Assets case

It was the former Janata Party leader (now a Bharatiya Janata Party leader) Dr Subramanian Swamy, who blew the whistle and filed a complaint before the Principal Sessions Judge in Chennai on June 14, 1996, alleging that Jayalalithaa had assets disproportionate to her known sources of income. Based on his complaint, the court then asked the state Directorate of Vigilance and Anti-Corruption wing to investigate the matter. Following the police investigation, the then Dravid Munnetra Kazhagam (DMK) government led by M Karunanidhi subsequently directed the Vigilance department to file an FIR against Jayalalithaa. A chargesheet was filed and later the same year, a Chennai court added the names of her close aide Sasikala, foster son Sudhakaran and another aide Ilavarasi, to the case. 

All through, the All India Anna Dravid Munnetra Kazhakam (AIADMK) termed the case as politically motivated. Yet, the seizure of 23 kg of gold, 1165 kg of silver and 91 wrist watches from Jayalalithaa and the other co-accused by the Directorate of Vigilance in Chennai in 1997 was taken as key evidence by the special court.

The case was transferred to Bangalore’s Special Court in 2003 by the Supreme Court following a petition in this regard by DMK leader K Anbazhagan, who had doubted a fair trial since Jayalalithaa was back as Tamil Nadu chief minister in May 2001.

Now, what the future holds for Jayalalithaa? Can she make a comeback again?

A long drawn legal battle seems to be on cards for 66-year-old Jayalalithaa and her political future now depends on the outcome of her appeals. Yet, she has the case of Laloo Yadav before her – who, in spite of his conviction in the fodder scam and his subsequent disqualification to contest elections, still remains well in control of his Rashtriya Janata Dal (RJD) in Bihar.

Call it decadence, but court convictions do not make anyone politically untouchable anymore. Laloo has already proved that none can take even a convicted politician lightly by not just forging an alliance with his friend-turn long term foe, Nitish Kumar, but also navigating his party to electoral gains while being out on bail. None can still dispute his political acumen what if he is personally barred from contesting himself!

Jayalalithaa could well take a leaf out of the Laloo’s book, but isn’t she a past master in this art of rule by proxy?  In 2001, when she had to unceremoniously step down as chief minister, she did get a political lightweight and her close confidante, O Paneerselvan, a junior Minister in her Council of Ministers, appointed chief minister! Paneeselvan’s name is yet again making rounds for the CM’s position after Jayalalithaa’s unceremonious exit.

Why J Jayalalithaa is important to AIADMK

‘Amma’ as she is reverentially referred to by the southern subalterns in Tamil Nadu, Jayalalithaa, as a popular yesteryears’ heroine of Tamil cinema, does have a cult-like following in the star-struck state! Consider the outrage among her supporters (and even some self-immolation bids) and widespread violence in the state following her indictment!

It may be mentioned that when her mentor and former state CM MG Ramchandran passed away, the party had about 17 lakh cadres. In the last 26 years since MGR’s death, Jayalalithaa single-handedly built up the cadres’ base to about 1.5 crore. Her iron grip on the party is amply demonstrated by the fact that only in August this year, she was unanimously elected the general secretary of AIADMK for the seventh consecutive term.

With a knack of springing surprises, Amma – after a prolonged stint in the Opposition benches – had swept the 2011 state elections with a massive mandate of 204 of 234 seats for the AIADMK and its allies. She thereupon set her eyes on building a brand ‘Amma’ that unambiguously symbolised populism by marketing subsidised Amma salt,  Amma water, Amma canteens, Amma pharmacy, Amma cement…. These efforts have indeed struck the right cord with the poor and the middle-class what if at the cost of the state exchequer. Not surprisingly, therefore, that Amma also led her AIADMK to sweep the Lok Sabha elections by winning 37 out of 39 seats in her state.

Hence her conviction is unlikely to have any adverse impact on her clout in the AIADMK in near future and as a political observer said, all in her party are “tied to her and without Jayalalithaa they cannot win an election”.

Implications of the verdict for Tamil Nadu Politics

Yet, her conviction may impact the prospects of the AIADMK in the 2016 Assembly elections. The opposition DMK now gets enough fodder to counter the taints of the telecom scam that claimed two of its ministers in the previous United Progressive Alliance government at the Centre and was among the major factors for its ouster in TN.

More significantly, as BJP leader Subramaniam Swamy says, Jayalalithaa’s conviction also provides the desired space to the saffron brigade to make inroads in the state politics.

Yet, considering AIADMK as a major NDA ally at the Centre, whose support is required particularly in the Rajya Sabha where the NDA is in minority, Jayalalithaa’s significance remains intact in national politics. At least, for now!