Sasikala’s tryst with law

Sasikala’s tryst with law is nothing new as it had started way back in 1996 along with that of the late Chief Minister J Jayalalithaa. While Jayalalithaa was convicted in four cases, Sasikala, barring the Pleasant Stay Hotel case, suffered conviction in three cases including the Rs 66.65 crore Disproportionate Assets (DA) case. This case, which is pending verdict in the Supreme Court, has turned out to be a litmus test for her political future. 

The Supreme Court had on June 7 last year reserved its order on a bunch of petitions challenging the acquittals of Jayalalithaa, Sasikala and two of her relatives, VN Sudhakaran and Ilavarasi. But since Jayalaithaa is no more, the charges, if any, against her would stand abated. But in the event of an adverse order by the Supreme Court convicting her, Sasikala may have to step down from the post she is set to take over.

As per law, conviction in a case where the jail sentence is more than two years disqualifies a person from holding an elected office for six years. In this case, the trial court had sentenced Jayalalithaa, along with three other co-accused, including Sasikala, to four years in jail. But the High Court had acquitted them resulting in the Karnataka government moving an appeal in the Supreme Court.

Now, the probabilities that are doing the rounds are that the matter might get remanded back to the Karnataka High Court based on wrong calculation, or any other reasoning found fit by the Supreme Court. In such an event, though the bail granted by the Supreme Court originally for Jayalalithaa can be operational at the SC’s decision, Sasikala cannot be sworn-in until the HC appeal reverses trial court’s order.

The second probability revolves around a conviction reversing Justice Kumaraswamy’s High Court order and restoring the trial court order, which means it is jail for Sasikala, Illavarasi and TTV Sudhakaran.

The third probability is an acquittal, which means that nothing can stop Sasikala from being sworn in. However, legal circles are agog about the scope of a split verdict, which means that the matter will be referred to a third judge. Since a split verdict is as good as a no verdict, Sasikala can grab the opportunity in continuing as Chief Minister. In fact, the hurry in her move to become Chief Minister is attributed in some circles to a fond hope that she might be entitled to some leverage while holding the State’s top post.

However, apart from the disproportionate assets case, there are as many as six cases investigated by the Enforcement Directorate pending against her. One of the case relates to Bharani Beach Resorts filed in 2015, wherein she has been charged with transferring US $19.9 lakh through a staff at Indian Bank’s Abhiramapuram branch. She was booked under the Foreign Exchange Regulation Act (FERA).

Another three other cases, which also pertain to FERA violations deals with JJTV’s uplinking facilities which included alleged transfer of US$ 5 lakh to two foreign companies-Rimsat and Subiqbay. Another one is about transfer 10.45 lakh Singapore dollars to a firm named Appooffezz, while the third one pertains to transfer of US $ 36.36 lakh through illegal channels. Sasikala figures in these cases as she was a partner in the firm run by her nephew TTV Dinakaran, which was involved in these dealings.

Though these cases have been pending all along, it is interesting to note that the cases are back in limelight as the Madras High Court had set aside a lower court order discharging Sasikala and her kin from these cases.

While public apathy over Sasikala’s appointment as Chief Minister is evident from the bitter and unflattering remarks on social media, the hurry in her wanting to get to the mantle is said to be owing to her fear of losing the court battle, in the event of which she will go down in history as the former Chief Minister of Tamil Nadu. However, it is also said that the Governor can’t prolong the legitimate resolution of the AIADMK legislature party electing Sasikala as the new leader for long.