Jaya not a convict; cannot prohibit Marina memorial: HC
‘It Is Up To The Govt To Take A Call’
Sureshkumar.K@timesgroup.com
Chennai:24.01.2019
In a significant first, the Madras high court has clarified that former chief minister J Jayalalithaa could not be considered a ‘convict’ as Karnataka government’s appeal against her acquittal in the corruption case had lapsed even before the Supreme Court could deliver the verdict, in view of her death.
A division bench of Justice M Sathyanarayanan and Justice P Rajamanickam made the clarification while dismissing a PIL that opposed a state memorial for her on the Marina Promenade, on the ground that she was a ‘convicted person’.
Though a special court convicted her in a corruption case on September 27, 2014, the Karnataka high court reversed it on May 11, 2015. The Karnataka government’s appeal in the Supreme Court against her acquittal had been reserved for orders when Jayalalithaa died on December 5, 2016. Three of her co-accused – VK Sasikala, J Elavarasi and VN Sudhagaran – are, however, serving their terms in a Bengaluru jail at present.
The current issue pertains to a plea moved by advocate ML Ravi to restrain Tamil Nadu from spending public money for construction of a memorial to Jayalalithaa, as she was a ‘convict’.
Dismissing the plea on Wednesday, the bench said: “Jayalalithaa was originally convicted by the trial court for offences under the Prevention of Corruption Act. On appeal filed by her and another accused, the Karnataka high court set aside the conviction and acquitted them. Challenging the same, Karnataka preferred an appeal in the Apex Court and before the orders could be pronounced Jayalalithaa breathes her last and therefore, the appeal against her came to be dismissed as abated.”
“Since the acquittal has not been set aside, it cannot be said that Jayalalithaa is a convicted person and as such, there is no stigma of conviction attached to her,” the bench added.
As to construction of a memorial, the bench said it had become a practice, rather a norm, to build memorials in honour and memory of former chief ministers and leaders of the country and public money had been spent for that purpose. The justification is that such memorials would remind the public about the contributions made by the leaders towards the development of the state, the bench said.
“It is pertinent to note at this juncture that public money can be spent for construction of hospitals, schools, colleges, implementation of developmental projects and provision of basic facilities/amenities to the citizens, in honour and memory of great leaders and it would be an ever-lasting memory in the mind of the citizens/people. However, it is for the government concerned to take a call and this court cannot issue any positive direction to do so,” the court observed.
PIL TRASHED
‘It Is Up To The Govt To Take A Call’
Sureshkumar.K@timesgroup.com
Chennai:24.01.2019
In a significant first, the Madras high court has clarified that former chief minister J Jayalalithaa could not be considered a ‘convict’ as Karnataka government’s appeal against her acquittal in the corruption case had lapsed even before the Supreme Court could deliver the verdict, in view of her death.
A division bench of Justice M Sathyanarayanan and Justice P Rajamanickam made the clarification while dismissing a PIL that opposed a state memorial for her on the Marina Promenade, on the ground that she was a ‘convicted person’.
Though a special court convicted her in a corruption case on September 27, 2014, the Karnataka high court reversed it on May 11, 2015. The Karnataka government’s appeal in the Supreme Court against her acquittal had been reserved for orders when Jayalalithaa died on December 5, 2016. Three of her co-accused – VK Sasikala, J Elavarasi and VN Sudhagaran – are, however, serving their terms in a Bengaluru jail at present.
The current issue pertains to a plea moved by advocate ML Ravi to restrain Tamil Nadu from spending public money for construction of a memorial to Jayalalithaa, as she was a ‘convict’.
Dismissing the plea on Wednesday, the bench said: “Jayalalithaa was originally convicted by the trial court for offences under the Prevention of Corruption Act. On appeal filed by her and another accused, the Karnataka high court set aside the conviction and acquitted them. Challenging the same, Karnataka preferred an appeal in the Apex Court and before the orders could be pronounced Jayalalithaa breathes her last and therefore, the appeal against her came to be dismissed as abated.”
“Since the acquittal has not been set aside, it cannot be said that Jayalalithaa is a convicted person and as such, there is no stigma of conviction attached to her,” the bench added.
As to construction of a memorial, the bench said it had become a practice, rather a norm, to build memorials in honour and memory of former chief ministers and leaders of the country and public money had been spent for that purpose. The justification is that such memorials would remind the public about the contributions made by the leaders towards the development of the state, the bench said.
“It is pertinent to note at this juncture that public money can be spent for construction of hospitals, schools, colleges, implementation of developmental projects and provision of basic facilities/amenities to the citizens, in honour and memory of great leaders and it would be an ever-lasting memory in the mind of the citizens/people. However, it is for the government concerned to take a call and this court cannot issue any positive direction to do so,” the court observed.
PIL TRASHED
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