Jaya denied bail in graft case despite prosecution’s YES

Tuesday, Oct 7, 2014,17:46 IST By metro vaartha A A A

No bail for aides also
In a blow to AIADMK chief J Jayalalithaa, the Karnataka High Court today rejected her bail plea in the disproportionate assets case, saying there was no ground to grant her the relief.
The order by Justice A V Chandrashekhara came after Special Public Prosecutor Bhavani Singh told the court he had no objection to granting conditional bail to Jayalalithaa, who is in prison here since her conviction by the Special Court on September 27.
In his order pronounced in a packed court room, the judge said there are no grounds to give bail to the former Tamil Nadu Chief Minister and observed that corruption amounts to violation of human rights and leads to economic imbalance.
As the SPP told the court that he was not opposed to bail for Jayalalithaa, AIADMK supporters, who had gathered near the Parappana Agrahara jail, where Jayalalithaa is lodged, and near the court, went delirious anticipating her release.
When the verdict came, they went into a state of disbelief. My client will take a call, senior counsel Ram Jethmalani, who appeared for Jayalalithaa, said, after the verdict when asked whether they will approach the Supreme Court.
The court also rejected the pleas for bail by Jayalalithaa’s close aide Sasikala and her relatives V N Sudhakaran, disowned foster-son of the former Chief Minister, and Ilavarasi, who have also been sent to four years in jail in the 18-year-old case.
In his submission, Jethmalani strongly pleading for immediate bail to 66-year-old Jayalalithaa, cited the Supreme Court verdict granting relief to former Bihar Chief Minister Lalu Prasad in the fodder scam.
The court did not accept the submission, with the judge noting that Lalu Prasad had spent 10 months in jail before being granted bail by the apex court. Arguing for the AIADMK supremo, Jethmalani also earlier pleaded for suspension of the sentence by the Special Court which had sent her to four years in jail.
Jethmalani asked for suspending the sentence pending appeal under Section 389 of the Criminal Procedure Code, under which pending any appeal by a convicted person, the appellate court may order that the execution of the sentence or order appealed against be suspended.
Also, if the person is in confinement, that he or she be released on bail, or on own bond. The regular practice was to give bail, Jethmalani told Justice Chandrashekhara who took up the matter which was posted for today by the vacation bench on October 1. Jethmalani also said appeals should be heard within a reasonable period of time.
Criticising the judgment of the Special Court in the Rs 66.65 crore disproportionate case, he said assets prior to the period between 1991 and 1996 (when Jayalalithaa was Chief Minister) could not be taken into account. There was nothing disclosed in the conduct of Jayalalithaa to show that she might abscond, he contended.

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