• Saturday, December 7, 2019

Verdict in Jayalalita DA case

Discussion in 'Central & South Asia' started by danger007, Sep 27, 2014.

  1. Bang Galore

    Bang Galore ELITE MEMBER

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    Jayalalithaa assets case: John Michael D'Cunha, who pronounced the verdict, is a no-nonsense judge

    Special Judge John Michael D'Cunha, who convicted Tamil Nadu Chief Minister Jayalalithaa in the disproportionate assets case on Saturday, has a reputation of being a no-nonsense judge who gave an indication of his stern approach while dealing with the politically volatile case.

    D'Cunha, who has grabbed attention for delivering the historic verdict and is the man of the moment, is the fifth judge to deal with the 18-year-old case after it was transferred to Bangalore by the Supreme Court in November 2003.

    The DA case against the AIADMK supremo that took nearly 11 years at the Special Court in Bangalore to reach the stage of final verdict, witnessed four full-time judges before it landed in the hands of D'Cunha.

    A S Pachhapure, the first judge of the Special Court, assumed the post in December 2003 but he could not conduct proceedings from August 2005 as the Supreme Court had stayed the order passed by him by clubbing the two cases into one case of disproportionate assets. The post fell vacant in July 2007 when Pachhapure was elevated as a judge of the Karnataka High Court.

    Later A T Munoli took charge as the judge but no effective proceedings were held during his tenure due to Supreme Court's stay order. After his retirement, B M Mallikarjunaiah was appointed to the post.

    The trial had made substantial progress as crucial proceedings like re-examination of some of the witnesses by the prosecution, recording the statements of Jayalalithaa in person, etc were conducted during the tenure of Mallikarjunaiah, who retired in August 2012.

    M S Balakrishna took over the position in November 2013 and he completed the process of recording statements of three other accused and had almost completed the recording of final arguments when the controversy arose about the certain procedure adopted by him and the new Special Public Prosecutor G Bhavani Singh.

    Though Supreme Court upheld the procedure and permitted to continue the service of Balakrishna beyond his retirement for completing the trial, he refused to continue after his retirement on September 30, 2013.

    Following this, D'Cunha was appointed to the post in October 2013 and he heard the final arguments afresh. He had passed strictures against the accused and their counsel.

    During the course of hearing of the final arguments, he gave an indication of his stern approach by rebuking the defence for what what he called attempts at "protracting the trial and suppressing the facts from the Court."

    Cunha, hailing from Mangalore, had started practise as a lawyer in 1985 and was selected to the post of district judge in 2002. He served in Dharward, Bellary and Bangalore in various positions, including as Secretary to the Chief Justices and as Registrar (Vigilance) of the High Court prior to his present posting.

    Jayalalithaa assets case: John Michael D'Cunha, who pronounced the verdict, is a no-nonsense judge : South, News - India Today
     
  2. janon

    janon ELITE MEMBER

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    She is very much in jail at the moment.:D
     
  3. narcon

    narcon BANNED

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    See the Himalayan proportion contradiction in your own statement!
     
  4. samv

    samv SENIOR MEMBER

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    Hope Indo-Lankan relations can improve after this :yahoo:
     
  5. Bang Galore

    Bang Galore ELITE MEMBER

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    She will have to approach the Karnataka High Court for stay of sentence (unlikely to stay the conviction) before she can leave jail. Funny part is the Karnataka High Court is on a week's holiday.
     
  6. narcon

    narcon BANNED

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    What permutations are on your mind vis-a-vis above?
     
  7. Indo-guy

    Indo-guy SENIOR MEMBER

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    It could have been Mayawati ...Had Congress not used CBI to drag the case forever to bargain with her to save their own skin ...

    The case against Mayawati was systematically sabotaged by prosecution itself.

    all in all it is a first good baby step....delay of 18 years is ' incredible ' to global standards ..although we all are very well accustomed to it . wish it could have been faster .

    But to get the 'big fish' in the net of Judiciary ..this is a real first .

    It all began with Lalu's conviction ...but he was Ex'ed already .

    He still had to face music of consequences of his conviction .


    Good to see politicians being brought to the 'book' ... and hopefully other political leaders will read the message !

    Just hope that there will be many more such convictions .
     
  8. janon

    janon ELITE MEMBER

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    LOL.

    I thought that since the term awarded is more than three years, she cannot get bail until a higher court accepts her review petition? Is there such a thing as 'stay of sentence', other than when a higher court decides to review the case? On what other grounds can the HC give a stay of sentence?

    'Can', not 'Will'. So no contradiction.
     
  9. narcon

    narcon BANNED

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    Amma ceases to be MLA and CM. Will go 2 jail tonight...

    I am sorry but you even failed in your own game of "word jugglery" ...
     
  10. Indo-guy

    Indo-guy SENIOR MEMBER

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    You must get your eyesight checked !

    You see too much that does not exist in my statement ...

    If one fulfills the bail stipulations ..bail money which is 'sort of surety bond' ...'can be' recovered / refunded .

    The very reason why a hefty bond amount is promulgated by courts is to deter the ' accused ' not to breach bail easily ...

    but if at all the accused breaks bail conditions...courts can execute bail conditions and encash the ' bail amount '

    Do you get it ?
     
  11. Bang Galore

    Bang Galore ELITE MEMBER

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    She will have to file an appeal to the high court and then ask that the conviction & sentence be stayed for the duration of the appeal. The Court won't stay the conviction but will probably stay the sentence. Only then will Jayalalitha be able to get bail. An appeal does not automatically get her out of jail unless the sentence is stayed.

    The 3 year + sentence means she couldn't apply for bail in the same court where she was convicted, she has to go to the high court.
     
  12. narcon

    narcon BANNED

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    Even Sasikala is going to prison..
     
  13. Indo-guy

    Indo-guy SENIOR MEMBER

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    Just hope naïve people of Tamil nadu won't make ' martyr ' out of her ...

    People have penchant for that sort of stuff .
     
  14. abjktu

    abjktu BANNED

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    I am not a Tamil nor from Tamilnadu..so i don't want to support her..i am so happy about this verdict,personally...
    but she is way better than her formers and did a lot for poor and needy ones...
     
  15. Raul_AD

    Raul_AD BANNED

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    How much out of politics is our LALLU????? He is right back in the game after just few days in jail while his appeal is pending in Courts. Same will be with Ms.Jayalalitha. She will be also back in the Game after spending few days in jail. But the difference will be a puppet in the seat of CM and she holding the strings. Campaigning in elections will as usual will go on won't be any change in politics.