Not just Sasikala, SC verdict means Jayalalithaa's legacy is now tainted

The Supreme Court verdict on the disproportionate assets (DA) case on Tuesday finally brought closure to a case that spanned 20 years. The special court verdict on September 27, 2014, that had sent then-sitting Tamil Nadu chief minister Jayalalithaa to prison was the first of its kind and had set a remarkable precedent for a nation that had grown passive to corruption in public offices.

Jayalalithaa or the A1 (Accused No 1) in the case, is no more and hence, the case against her will abate. But it ensures that her image is dented and her legacy, sorely diminished.

The case also effectively scuttled the bid made by VK Sasikala, Jayalalithaa’s “Thozhy”, to become CM after taking on the mantle of the all powerful general secretary of the AIADMK only fairly recently. It also comes as a relief to a large section of the general public that has been quite vocal about their opposition to Sasikala’s ascension to the post of CM.

Despite the verdict, Tamil TV channels showed common people in Tamil Nadu unwilling to speak ill of the deceased Jayalalithaa. All faults were somehow being foisted on Sasikala and her proximity to their beloved Amma, as Jayalalithaa came to known in the latter years. And even more so, on to Sasikala’s extended family, which is more infamously referred to as the “Mannargudi (a town in Tiruvarur district) mafia”.

Jayalalithaa had endeared herself to the masses through her welfare schemes that she had piloted in her third term as CM since 2011. There was an array of Amma branded products ranging from salt to mixer grinders to even laptops that had benefitted the masses.

I remember my Nepali part-time cook in Delhi uncharacteristically staring at the television screen for many minutes watching Jayalaithaa’s body being carried on the gun carriage to the Marina beach to carry out her final rites, after she died.

Little did I know that he was also a beneficiary of the famous Amma Unavagams (canteen), known for providing hygienic and hearty meals for a nominal cost, while he went searching for work in Chennai a couple of years back.

But then, there was also the Jayalalithaa of 1991-1996; her first term. Analysts are unanimous in dubbing it one of the worst regimes ever in terms of corruption and misgovernance. The disproportionate assets case, that dragged on for these many years, also dates back to that term.

There was also that opulent wedding hosted by Jayalalithaa for her then-foster son VN Sudhakaran back in 1995. A picture published in Nakeeran, a popular Tamil magazine, where Jayalalitha and Sasikala were decked up in red and gold, as if they were modelling for a jewellery store, is still fresh in the minds of the generation X of Tamil Nadu.

The DA case involved the astronomical inflation of her assets from Rs 2 crore to Rs 66 crore after her five-year term as CM, despite her token salary of Rs 1. The charges involved floating multiple shell companies in the name of Sasikala and her relatives that was used to buy properties and assets. And more than 28 kg of gold, 800 kg of silver, 12000 saris and footwear were found at her residence.

In 2001, battling multiple corruption cases, Jayalalithaa stood disqualified from contesting the Assembly elections after she was convicted for 25 months in the TANSI (Tamil Nadu Small Industries) case. Despite that, she filed her nomination from four constituencies, only to see all of them get rejected.

Undeterred, she led her party to a most unbelievable victory and dared then Governor of Tamil Nadu, Fatima Beevi, to swear her in. Her swearing-in was challenged in the Supreme Court and she had to step down. A virtually unknown O Panneerselvam was nominated by her to the post of CM on Sasikala’s advice. His greatest virtue seemed to be his loyalty and a propensity to prostrate before Jayalalithaa at every opportunity. 

After the AIADMK came back to power, Jayalalithaa used her clout to weaken the cases, and one by one, all the witnesses began turning hostile. In 2003, K Anbazhagan, general secretary of the opposition Dravida Munnetra Kazhagam (DMK), filed a petition in the Supreme Court to transfer her case out of Tamil Nadu to ensure a fair trial.

The case was shifted out to Karnataka in November 2003, and from this point on, Jayalalithaa’s counsels tried every trick in the book to prevaricate the proceedings; going to the high court and the Supreme Court at every opportunity. 

In 2011, Jayalalithaa came back to power for a third term and it was then that she recast herself into Amma from “Puratchi Thalavi” (revolutionary leader). Initially, it seemed she was just trying to outdo the DMK’s colour television handouts, but it successfully transformed into a very structured and organised welfare programme, touching people in almost every sphere of life.

Three years on, in late September 2014, special court judge Michael D Kunha sentenced Jayalalithaa for four years and fined her a hefty sum of Rs 100 crore in the DA case along with Sasikala, Sasikala’s sister-in-law Ilavarasi and Sudhakaran, in a judgment that ran into a thousand pages having examined a whopping 250-odd witnesses.

Once again, Panneerselvam was Jayalalithaa’s chosen proxy and this short term government of Panneerselvam brought the entire state to almost a state of paralysis. A case in point is the delay in giving the nod to Chennai Metro to commence operations; waiting for Jayalalithaa to resume her duties. She was given conditional bail by the Supreme Court after 20 days and her case in the Karnataka High Court expedited.

On May 11, 2015, Jayalalithaa was acquitted by Justice Kumaraswami of Karnataka High Court. Justice Kumaraswami was due to retire three months later. It was again, a judgment that ran into almost a thousand pages and more of an accounting exercise. It came to the conclusion that Jayalalithaa’s disproportionate assets were under the 10 per cent quantum granted by law. That judgment became controversial later on account of certain mathematical errors.

Despite the Karnataka government going ahead with the special leave petition (SLP) within a month challenging Jayalalithaa’s acquittal, it took another eight months for the hearings to begin in the Supreme Court. The hearing that began in February 2016 spilled over to the court recess scheduled from May 13. 

Incidentally, the election to the Tamil Nadu Assembly was scheduled just three days later on May 16, in a single phase. And coincidentally, L Nageshwar Rao, who was the counsel for Jayalalithaa in the Karnataka High Court as well as the Supreme Court, was elevated as a judge after the court went into recess.

Jayalalithaa won a record fourth term on May 19, 2016, defying anti-incumbency and bucking the trend that had been prevailing for three decades.

The Supreme Court reserved its judgment on June 7. In the meantime, on September 21, Jayalalithaa was taken ill and admitted to Apollo hospital in Chennai. And on December 5, she breathed her last and died honourably with the judgment in limbo.

Consequent to Karnataka government’s counsel and senior lawyer Dushyant Dave’s inquiry on February 5, Monday, 10.30 am in the Supreme Court, it was known that the verdict would finally be out in a week. The rest, as they say, is history.

Voltaire, the French philosopher and historian, ends his satire of the then-popular philosophy of optimism in the novella Candide (1759) with his character noting "Chacun doit cultiver son jardin", or "each person cultivates his own garden". Or to put it more plainly, “as you sow, so shall you reap.”

In the case of Jayalalithaa, she might have died honourably but her legacy stands severely tainted and blemished. If only, justice was not delayed!

Also read: With Sasikala's conviction, will Tamil Nadu get another proxy CM?