Sasikala gets 4-year jail in 20-year-old case, CM dreams shattered

February 15, 2017

New Delhi, Feb 15: Dashing her hopes of becoming the chief minister of Tamil Nadu, the Supreme Court on Tuesday upheld a Bengaluru court judgement convicting AIADMK general secretary V K Sasikala in a 20-year-old case relating to the acquisition of disproportionate assets by J Jayalalithaa.

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A bench of Justices P C Ghose and Amitava Roy directed Sasikala and her relatives V N Sudhakaran and Elavarasi to surrender forthwith to serve a four-year jail term, awarded by the trial court.

The apex court restored the trial court’s verdict passed on September 27, 2014, “in full, including consequential directions”, like payment of a Rs 10-crore fine by the three convicts and confiscation of properties of six firms floated by them.

The judgement shuts the door for Sasikala who staked claim to form the government after being elected as legislature party leader and also faced a revolt from chief minister O Panneerselvam. She now cannot contest any election for the next 10 years as the Representation of People Act disqualifies a convict for six years after serving the sentence.

The apex court set aside the May 11, 2015, Karnataka High Court decision.
The court had had acquitted all the accused in the case as “untenable”.

Allowing the Karnataka government’s appeal, the bench said, “The percentage of disproportionate assets as 8.12% as computed by the HC is based on completely wrong reading of the evidence on record compounded by incorrect arithmetical calculations.”

In his separate judgement, Justice Roy said the facts and circumstances of the case demonstrated “a deep-rooted conspiratorial design to amass vast assets without any compunction and hold the same through shell entities to cover up the sinister trail of such illicit acquisitions and deceive and delude the process of law”.

The bench said the trial court was correct in finding criminal conspiracy and abetment against Sasikala and others in the face of the “overwhelming evidence”.

“The trial court was meticulous, sensitive, vigilant and judicious in appraisal of the evidence,” the bench said after analysing the material.

“We come to the conclusion that A1 (Jayalalithaa) to A4 have entered into a conspiracy and in furtherance of the same, A1 who was a public servant (CM) at the relevant time (1991 to 1996) had come into possession of assets disproportionate to the known sources of her income during the check period and had got the same dispersed in the names of A2 (Sasikala) to A4 and the firms & companies involved to hold these on her behalf with a masked front,” the bench concluded in a 570-page judgement.

The proceedings against Jayalalithaa got abated due to her death on December 5.

The trajectory of 1996 case lodged by BJP leader Subramanian Swamy on disproportionate assets to the tune of Rs 66.65 crore saw Jayalalithaa step down as Tamil Nadu Chief Minister in 2014 after her conviction. It has now sealed the fate of Sasikala, a daughter of a medical compounder, who lived with Jayalalithaa as her aide since 1988.

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News Network
April 25,2024

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The Election Commission of India on Thursday announced that it had taken cognisance of violations to the Model Code of Conduct by both Prime Minister Narendra Modi and Congress leader Rahul Gandhi.

While Modi has indulged in a diatribe against Muslims, without naming them, using terms like 'infiltrators' and 'those with more children', Rahul has been accused of making a false claim about 'rise in poverty'.

Both the BJP and INC have raised allegations of causing hatred and divisions based on caste, religion, language, and community, ANI reported.

While the EC had initially refused to comment on Modi's speeches, sources had told PTI that the commission was 'looking into' the remarks made by the BJP leader.

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News Network
April 23,2024

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Congress workers protested outside the home of Nilesh Kumbhani, the party's candidate from Gujarat's Surat Lok Sabha seat whose nomination form was rejected due to alleged discrepancies, as he was likely to join the BJP, sources said on Tuesday.

The protest came a day after the BJP's Mukesh Dalal was declared the winner from the party stronghold following the withdrawal of all the other eight candidates in the fray.

The sources said that the protesters called Kumbhani a "traitor" and "killer of democracy", adding that he could join the BJP as early as this week.

Kumbhani's nomination form was rejected after he was unable to present even one of his three proposers before Returning Officer Sourabh Pardhi.

The BJP had raised questions about the discrepancies in the signatures of three proposers in his nomination form.

The nomination form of Suresh Padsala, the Congress' substitute candidate from Surat, was also invalidated, pushing the party out of the poll fray in the BJP stronghold.

In his order, Pardhi said the four nomination forms submitted by Kumbhani and Padsala were rejected because at first sight, discrepancies were found in the signatures of the proposers, and they did not appear genuine.

The Lok Sabha elections in the Surat seat was supposed to take place on May 7.

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News Network
April 26,2024

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The Supreme Court of India on Friday, April 26, rejected pleas seeking 100% cross-verification of votes cast using EVMs with a Voter Verifiable Paper Audit Trail (VVPAT) and said “blindly distrusting” any aspect of the system can breed unwarranted scepticism.

A bench of Justices Sanjiv Khanna and Dipankar Datta delivered two concurring verdicts. It dismissed all the pleas in the matter, including those seeking to go back to ballot papers in elections.

An EVM comprises three units – the ballot unit, the control unit and the VVPAT. All three are embedded with microcontrollers with a burnt memory from the manufacturer. Currently, VVPATs are used in five booths per assembly constituency.

EVM VVPAT case: Supreme Court issues two directives

1.    Justice Khanna directed the Election Commission of India to seal and store units used to load symbols for 45 days after the symbols have been loaded to electronic voting machines in strong rooms.

2.    The Supreme Court also allowed engineers of the EVM manufacturers to verify the microcontroller of the machines after the declaration of the results at the request of candidates who stood second and third. The top court said the request for the verification of the microcontroller can be made within seven days of the declaration of the results after payment of fees.

Option for candidates to seek verification of EVM programmes

•    Candidates who secure second and third position in the results can request for the verification of burnt memory semicontroller in 5% of the EVMs per assembly segment in a Parliamentary constituency. The written request to be made within seven days of the declaration of the results.

•    *On receiving such a written request, the EVMs shall be checked and verified by a team of engineers from the manufacturer of the EVMs.

•    Candidates should identify the EVMs to be checked by a serial number of the polling booth.

•    Candidates and their representatives can be present at the time of the verification.

•    After verification, the district electoral officer should notify the authenticity of the burnt memory.

•    Expenses for the verification process, as notified by the ECI, should be borne by the candidate making the request.
What did the Supreme Court say?

•    "If EVM is found tampered during verification, fees paid by the candidates will be refunded," the bench said.

•    "While maintaining a balanced perspective is crucial in evaluating systems or institutions, blindly distrusting any aspect of the system can breed unwarranted scepticism...," Justice Datta said.

Who filed the petitions?

NGO Association for Democratic Reforms, one of the petitioners, had sought to reverse the poll panel's 2017 decision to replace the transparent glass on VVPAT machines with an opaque glass through which a voter can see the slip only when the light is on for seven seconds.

The petitioners have also sought the court's direction to revert to the old system of ballot papers.

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