Tuesday, February 14, 2017

Chronology Of Jayalalitha DA case



Below is a detailed timeline of the case starting from Jayalalithaa’s first term as Chief Minister in 1991.

The Beginning

June 24, 1991 to May 13, 1996: Jayalalithaa’s first term as Chief Minister.

July 1, 1991 to April 30, 1996: Period during which offence was allegedly committed.

June 14, 1996: Subramanian Swamy lodges FIR before Principal Sessions Judge, Madras under s. 200 Cr.P.C.

June 21, 1996: Judge directs Letika Saran, a senior IPS officer to investigate and submit a report within 2 months.

September 2, 1996: Madras High Court directs Director of Vigilance and Anti-Corruption, Madras to investigate after Jayalalithaa challenges the order of Principal Sessions Judge.

September 18, 1996: IG files charge sheet against Jayalalithaa.


December 21, 1996: Jayalalithaa arrested.

January 3, 1997: Jayalalithaa released on bail.

The Trial: 1997 – 2014

October 21, 1997: Special Judge takes cognizance and frames charge sheet.

December 28, 1998: Commencement of evidence.

March 23, 2001: Separate charge sheet filed for alleged accumulation of disproportionate wealth in foreign countries.

November 18, 2003: Supreme Court orders transfer of case to Karnataka Special Court.

February 19, 2005: Senior Advocate BV Acharya appointed Public Prosecutor more than a year later.

June 27, 2005: Both cases against Jayalalithaa for charge sheets filed in 1997 and 2001 ordered to be jointly tried.

August 3, 2005: Proceedings stayed after order to club cases is challenged before the Supreme Court.

December 7, 2009: Karnataka High Court permits withdrawal of prosecution against Jayalalithaa and co-accused in 1997 case; 2 cases delinked, proceedings in 2001 case continue.

March 10, 2010: Delay tactics: Writ filed in Karnataka High Court against Special Judge taking cognizance dismissed, SLP in Supreme Court also dismissed.

July 14, 2010: Counsel for Jayalalithaa files application to scrap English translations of witness depositions, rejected on 22 July; rejected by High Court on 23 Oct; SLP dismissed by Supreme Court on December 14, 2010.

October 20-23, 2011: Examination of Jaya u/s. 313 Cr.P.C.

July 29, 2013: Closure of evidence.

August 5-14, 2013: Oral arguments for defence.

August 23, 2013: Special PPBhavani Singh commences arguments.

August 27, 2013: Government withdraws notification appointing Bhavani Singh as Special PP, asks Singh not to appear as PP vide order dated September 10.

September 30, 2013: Supreme Court quashes government order.

October 31, 2013: Michael Cunha appointed Special Judge in the case.

March 7, 2014: Arguments commence before new Special Judge.

August 28, 2014: Trial concludes, 20 September fixed as date of judgment, later changed to 27th for security reasons

September 27, 2014: Jayalalithaa found guilty under Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act and Section 120 of Indian Penal Code, sentenced to four years imprisonment and fined Rs. 100 crore by Special Judge Michael Cunha.

Bail by Supreme Court and appeal to Karnataka High Court

October 7, 2014: Karnataka High Court denies bail to Jayalalithaa; Justice AV Chandrashekara holds that no sufficient grounds exist to grant bail in the 18-year old disproportionate assets case. This order was passed despite the submission made by Special Public Prosecutor Bhawani Singh that the State government has no objection to conditional bail being granted to Jayalalithaa. Senior Advocate Ram Jethmalani had appeared for Jayalalithaa.

October 9, 2014: Jayalalithaa moves Supreme Court against the rejection of her bail plea by the Karnataka High Court; petition filed through AoR Gaurav Agarwal. In her plea, she submits that since the sentence of imprisonment by the trial court is only for a limited period, bail ought to be granted as per the judgments of the Supreme Court. She further contends that there was full co-operation from her side during the trial and also cites ill health and age as grounds for relief.

October 13, 2014: Fali S Nariman replaces Ram Jethmalani as Jayalalithaa’s advocate; mentions matter before then Chief Justice HL Dattu, who agrees to hear the bail plea on October 17.

October 17, 2014: Supreme Court releases Jayalalithaa on bail and suspends the trial court’s sentence. The matter is heard at length by a Bench headed by Chief Justice HL Dattu and comprising Justices Madan B Lokur and AK Sikri. Senior Advocate Fali Nariman and Senior Advocate KTS Tulsi appear for Jaya and the other accused. Subramanian Swamy appears in-person and opposes the bail plea.

The Court, however, records Nariman’s oral undertaking that the accused will submit paperbook pertaining to the appeal in Karnataka High Court within two months.

The decision of the Court to grant bail without hearing the State government raises a storm.

December 18, 2014: Matter comes up for hearing before the Supreme Court after two months. The apex court records that the accused have filed all documents and paperbook pertaining to appeal before the Karnataka High Court.

It, therefore, directs the Karnataka High Court to constitute a special Bench to hear the appeal by Jayalalithaa and other accused on a daily basis and dispose it within three months.

January 5, 2015: Hearing in the appeal filed by Jayalalithaa and other accused commences before Justice CR Kumaraswamy. Senior Advocates L Nageswara Rao and B Kumar argue for Jayalalithaa.

January 28, 2015: Senior Advocate R Basant commences arguments for Sasikala.

April 26, 2015: Supreme Court delivers judgment in petition by DMK leader K Anbazhagan challenging Bhavani Singh’s appointment as Special Public Prosecutor in the appeal before Karnataka High Court; Holds that Bhavani Singh’s appointment is bad in law, but the appeal in Karnataka High Court will not be reheard.

May 13, 2015: Karnataka High Court allows appeal filed by Jaya and other accused, acquits her and her associates of all charges under the Prevention of Corruption Act and the Indian Penal Code; Verdict leads to her reassuming office as Chief Minister (She had resigned from office after conviction by Special judge).

Appeal to Supreme Court

June 23, 2015: Putting the intense speculation to rest, the Karnataka government finally appeals to the Supreme Court against the judgment of the High Court.

October 12, 2015: A battery of Senior Advocates appear for different parties to the case. Senior Advocate L Nageswara Rao appears for Jayalalithaa while Senior Advocate and SCBA President Dushyant Dave represents Karnataka government.

Senior Advocate Aryama Sundaram appears for six companies whose properties were attached pursuant to an order of 1997 on the ground that Jayalalithaa had stake in them. Senior Advocate Vikas Singh appears for DMK leader K Anbazhagan.

Court ask parties to complete pleadings in six weeks whereupon it will decide the date of commencement of final hearing.

January 29, 2016: Court lists the case for final hearing on February 23.

February 23, 2016: Final hearing commences in the matter.

June 7, 2016: Supreme Court reserves its judgment.

December 5, 2016: Jayalalithaa passes away rendering the case against her infructuous.

2 comments:

  1. Very informative post. This is useful to get detailed knowledge about the case and its history.

    ReplyDelete
  2. बहुत ही सुन्दर प्रस्तुति .... Nice article with awesome explanation ..... Thanks for sharing this!! :) :)

    ReplyDelete