Jayalalithaa’s tryst with law reveals perseverance

But one case that stands out and has haunted her for over two decades is the Rs 66 crore assets case. The case, which earned her a conviction, imprisonment and subsequent acquittal by the Karnataka HC, now awaits a final order from the SC, which reserved its judgement on June 7. But now, with Jayalalithaa no more, the case against her will stand ‘abated’, which roughly means dropped. In this case, with three others - Sasikala Natrajan, Ilavarasi and Sudhakaran - also accused, an acquittal would mean that all would walk free. But in the event of them being found guilty the case against Jayalalithaa would alone be dropped while the other three have to undergo the sentence. 

Senior Advocate V Suresh, clarifying on the situation ahead said “If the Supreme Court concludes that that the prosecution has established the case and the guilt proved, then it can proceed to convict the accused who are living. The case against the individual will abate as he or she is no longer alive to suffer the consequences of convictions. This is based on the crux of criminal law that allegation and conviction are person s(s) specific. Thus, when an accused person dies the case against that person alone stands dropped.” 

Jayalalithaa’s trite with law started in 1996 after her first term in office with a slew of corruption charges being raised. While the DMK in power then had set up three special courts to try corruption cases against Jayalalithaa, her former cabinet colleagues and others, she managed to wriggle out of 15 including 8 linked to corruption despite her going through 4 convictions and two disqualification from being the Chief Minister. Though Jayalalithaa herself had wanted to become a lawyer and not a politician, her perseverance in handling the cases is said to be phenomenal. Though she was unable to argue her cases, she had hired the sharpest legal brains to defend her and successfully stave of every threat to her political life.