27 June, 2019

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Jayalalithaa – Vass – Nonis; Invisible Hands In The Judiciary

By Vishwamithra1984 –

Robust And Independent Judiciary – Invisible Hand In Jayalalithaa’s Conviction

“The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing”. ~Caroline Kennedy

Extremists of both corners of the political spectrum, in India as well as in Sri Lanka, must still be celebrating the conviction of Jayalalithaa, the Chief Minister of Tamil Nadu State in southern India. Jayalalithaa, while in power managed to rouse the base instincts of both Tamils in India and Sinhalese in Sri Lanka. But moderates in the two neighboring nations must be equally enamored by the sheer audacity of a robust, vigorous and independent Judiciary without which no country, especially a democratic republic, could advance the cause of freedom, freedom of choice and liberty for all people.

 Jayalalithaa

Jayalalithaa

The politics of Jayalalithaa in particular and Tamil Nadu in general, has never been acceptable to the great majority in Sri Lanka. This is true whether one is Sinhalese, Tamil or Muslim. Utterly partisan and polarizing both in substance and execution of politicking, Tamil Nadu, the southernmost State in India has been a thorn in Sri Lanka’s politics since the early years of Ceylon’s nationhood in centuries after the Christian Era began and the battles and wars fought between Lanka and the Cholas and Pandyans of South India. History apart, the animosities, rivalries and plain emotions of enmity and hatred between a subject people, the Sinhalese and invading armies of a foreign country, South India, have contributed to a sense of suspicion between the two peoples, reaching a crescendo in 2009 in the total annihilation of a militant arm of the Tamils in the North led by the Liberation Tigers of Tamil Ealam (LTTE) whose main foreign backer was the All India Anna Dravida Munnetra Kazhagam (AIADMK) in the State of Tamil Nadu in India. The mutual dependence that developed between the local Tamils and the State of Tamil Nadu ultimately worked for their mutual disadvantage, both politically and socially.

Yet the close identification with one another could not be disturbed. Although the social and economic circumstances surrounding the two communities, Tamils in Tamil Nadu and those in the North and East in Sri Lanka, could be comparable, the social stature the local Tamils in the North hold themselves in as against that of Tamils in South India and the contempt in which the Sri Lankan Jaffna Tamils hold the Indian counterparts didn’t allow for a warm brotherhood. But a common thread has been found since of late- maybe since the time both countries became colonies under the British rule or the time they became minorities in their respective countries with much more limited exposure to the benefits and privileges that flowed from political independence won over from the colonial masters.

Nonetheless, while Jayalalithaa supporters in Tamil Nadu must be mourning the fate that befell their Chief Minister, the political elements in Sri Lanka must be celebrating her political demise- although that demise might be short-lived in the context of long-term politics in India.

But the most significant lesson that one could extract from the conviction of the Tamil Nadu Chief Minister is the very existence and workings of India’s exemplary and bold Judiciary which has been showing signs of ruthless independence and devotion to the concept of equality before justice, whatever the position of those who seek justice and fair-play from it could be. In a background of fast declining socio-political morals, independence of a powerful Judiciary is the last bastion any people could pray for. That and that alone could be a ray of hope for a superficially satisfied population which is habitually indulging in comfortable thoughts and misty dreams though their day-to-day demands are too great for them to while their time away in sophisticated notions such as the independence of the Judiciary, freedom of expression and right to information. What we lack here in our country, an independent and fearless judiciary, is what India can boast about enjoying and doing it to the hilt.

The Jayalalithaa conviction is not an isolated case of justice dispensed in a swift and decisive manner. India, a melting pot of hundreds of local dialects, dozens of religious sects, distinctly identifiable ethnic groupings and a multitude of political parties, has withstood the storms of religious diversion and ethnic violence and it has endured many a political scandal and social upheaval. Yet it has stood her ground as a formidably strong democracy and a fast-developing economy mainly because it has chosen to give its people the fundamental right of being equal before the law. A constitution that was drafted by the brilliant and scholarly legal mind of Ambedkar– an ‘untouchable’ by birth- has gifted not only his legal principles to the Indian society, his constitutional masterpiece has made provisions for tempering violent eruptions with ruthless enforcement of the law; the very cold nature of the law is being manifestly reflected in the way in which an independent judiciary could function without any fear or pressure from those who wield political power.

While India is notorious for corruption and nepotism both at State and National levels and its Police force branded as stooges of politicians, her judiciary has been withstanding many political pressures and has come out victorious each time a decision is sought, whether such decisions are deemed to be landmark or ordinary. To show such sophisticated poise and inner stoicism in the face of internally-generated violence and chaos is a remarkable quality of a nation whose mechanics of governance must truly be extraordinary. All nations whether young or old in their respective historical processes, are made up of human beings who are ever so susceptible to emotion-laden incidents and occurrences. What we need to learn from India is this inner strength with which she responds to a crisis each time she plunges into an abyss. Such national character is not born out of nothing; no man or woman, or for that matter, a nation responds automatically. They respond subject to the objective and subjective conditions that have been placed on them by the necessary social, economic and political thoughts and structures. By erecting such a formidable structure of a superior judiciary, India has shown the world, despite being branded as backward and steeped in superstition, that she could hold her own among modern giants.

Sri Lanka, on the other hand, seems to be taking a totally different route. The Legislature is getting weaker by the day; the Judiciary is increasingly becoming a tool in the hands of the Executive and the Executive, by virtue of the Eighteenth Amendment to our Constitution, is fast becoming, if it is not so already, completely impenetrable and unapproachable. The day that it becomes a law unto itself is nearing with each episode such as the Sajin Vass/Chris Nonis affair. When those who wield power become exceedingly stubborn and indefensible, the isolationism that shrouds them makes it doubly difficult for the average man to understand and respond in a reasonable way. That isolationism which gripped the tenure of the 1970 – 1977 regime of Sirimavo Bandaranaike stands as a forbidding example of this particular mindset of a ruling circle. Yet there is time for them to recover and adopt corrective measures. The Uva PC elections could be taken as an ideal eye-opener. But history is on the other side. Rulers learn their lessons too late and more often than not, they never learn at all. After all, the invisible message of the Jayalalithaa episode might go waste.

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Latest comments

  • 2
    0

    What happened to Jaya Lalitha cannot be in Srilanka ? And why ?

    So called democratic country not to have fair crime investigations should be connencted with the bunch of thugs that rule the nation.

    Why is that criminals that damaged Dr Nonis stay silent until today ?

    Why is that criminals that killed and damaged the assets of Aluthgama people stay scot free to this day ?

    Why is that criminals that physically assualted the visiting UNP MPs to Hamba city stay without being brought before courts ?

    All these Fragen (questions) can only be responded by any 10 year old today and even 5 year olds will be crystal cllear about that by January 2015.

    • 2
      1

      Vishwamithra1984 –

      RE: Jayalalithaa – Vass – Nonis; Invisible Hands In The Judiciary

      Robust And Independent Judiciary – Invisible Hand In Jayalalithaa’s Conviction

      “The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing”. ~Caroline Kennedy

      In the absence of an Robust And Independent Judiciary, alternate solutions need to be found.

      The Abassid Solution? French and Russian Solutions for Sri Lanka?

      Here is some Songs by Jayalalitha and MGR

      Nalladu Kanne – MGR & Jayalalitha – Raman Thediya Seethai

      https://www.youtube.com/watch?v=ic3PPT3QfoQ

      ploaded on Sep 23, 2010
      Watch Nalladu Kanne song from the 1972 classic Tamil Movie Raman Thediya Seethai starring M.G. Ramachandran aka MGR, Jayalalitha, Sachu, M.N. Nambiar, Manorama, S.A. Asokan, V.K. Ramaswamy, Nagesh, V.S. Raghavan, O.A.K. Devar & G. Shakunthala. Directed by P. Neelakantan, Music by M.S. Viswanathan. Click http://www.rajshritamil.com to watch more classic Superhit Tamil movie songs.

  • 2
    1

    I am for corruption to be eradicated wherever it raises its ugly head and the independence of the judiciary is vital for the rule of law – the “bedrock of democracy”. But the title here is undoubtedly confusing – “invisible hands in the judiciary” I thought meant – there was an invisible hand behind the judge’s decision to convict Jayalalithaa..the term invisible hand is associated with undesirable interference and manipulation….that an invisible hand was behind is more plausible considering it took 18 years for justice to grind in her case and i ask why Jayalalithaa when there are, it is alleged big rogues in high places still roaming free; the case itself was brought on to settle a political vendetta or two, motivated by personal animosity. I am biased no doubt because Jaya stood up for us and I shall stand up for her and wait to see what the Supreme Court would say on appeal! 900 odd saris for a leading lady in films and a rich lady at that in her own right is not unusual! Sorry I smell something..

    • 0
      0

      RamJ will have her released but with clipped wings- no tamil eelam or she would be back in jail- there is precedence in the now serving lalo yadev.
      Sub Swamy is having the last laugh because he understands the hindian- he blew the whistle and others have done what he could not do- no not Sonia why so??
      You dont understand the hindian but you despice them and that is your folly.
      BTW wherever someone is to assist the jaffna tamils their faith stays sealed in jail- the hoodoo folk ah!

  • 2
    0

    A country like India couls nor have made the transition from an agriculturally, industrially, economically and otherwise poor to what she has become in the past three decades or so. To achieve such a welcome transition a country must also have a healthy judiciary and an alert independent media – which remain the bedrock of this great nation. The other, of course, is its developed educational system that produces professionals – in business, banking, science and technology some of whom who lead the world. To a great extent, the bonding feature of the latter is India’s (and Singapore’s) determination to stay with the English language, despite many attempts by pseudo-nationalists and patriots to go in the opposite direction.

    Sri Lanka’s wonky and divisive political system has deliberately failed in all these from the mid-1950s. For some years now we have joined the rank of Failed Societies – thanks to our wonderful Mahinda Chinthana.

    R. Varathan

  • 2
    1

    Modi wanted her is prison . period , This wouldnt have happenned with Singh .

    Cheers

    Abhaya

    • 2
      2

      Bla, bla blA-bhaya

      Jail-Lalitha then serving Chief minister is in Jail. How come there is no high profile common criminals, war criminals, war mongers, war crime deniers who are not only not in prison but serving as ministers, diplomats, Governors, ……….?

      And you are proud about the judiciary in this island.

      As one of the MR’s ba**s carrier you should realize that though Hidian cleaning industry is not working their judiciary is in fact working albeit in a slow pace. This is known as judicial activism.

      • 2
        2

        Veddha idiot .

        Pick and choose from what you like as ususal moron .

        Cheers

        Abhaya

        • 1
          2

          If you call NV as IDIOT you would not find words in dictionaries to call you and the Rajapakshes. [Edited out] of your kind are plenty but NVs are sadly still in decimal numbers.

        • 2
          2

          bla bla bl-Abhaya

          Did you read the story about your Northern Cousin Lalu Prasad Yadav and his fodder scam?

          Here something you should have read but decided to ignore.

          Lalu Prasad granted bail by Supreme Court in fodder scam case

          All India | Edited by Deepshikha Ghosh |
          Updated: December 13, 2013 13:37 IST

          File photo of RJD chief Lalu Prasad
          NEW DELHI: Lalu Prasad Yadav, former union minister, has been granted bail in the fodder scam case by the Supreme Court and will soon walk out of jail in Jharkhand.

          The 66-year-old Rashtriya Janata Dal leader was arrested in September after being found guilty of embezzling government funds while he was Bihar Chief Minister. He was sent to jail for five years.

          The fact that he can leave prison will gladden his party, which ran the risk of being perceived as leaderless just months away from the national election. Lalu’s wife, Rabri Devi, had taken charge of the RJD. In 1997, when he was first arrested in the case, she took over as chief minister.

          “His release will have a huge impact in Bihar,” said his party colleague Raghuvansh Prasad Singh.

          Mr Prasad can’t contest the election. After he was convicted, Mr Prasad was disqualified as a parliamentarian and banned from contesting elections for the next six years, both rules set by a recent Supreme Court verdict which calls for barring MPs convicted in corruption cases.

          He was tried by a CBI court which convicted him and nearly 40 others of siphoning Rs. 37 crore by submitting fake bills for animal husbandry. There are a multitude of cases linked to what’s known as the fodder scam, which was worth 900 crores.

          While granting him bail today, a bench headed by Chief Justice P Sathasivam said, “Similar accused have already been granted bail and Lalu Prasad was in jail for a year out of his five-year sentence.”

          The CBI had told the Chief Justice that Mr Prasad “should not run away.”

          Senior lawyer Ram Jethmalani had argued that barring Lalu Prasad, no other convict in the case has been refused bail. 44 people were convicted in the case, he said, of whom 37 have already been granted bail.

          http://www.ndtv.com/

          Have you noticed one common aspect in both cases?

          Ram Jethmalani was acting for both Jaya and Lalu. Lalu was first arrested in 1997. `

      • 1
        1

        18 years to get the conviction . only when a suitable government is in power . yes if this is how it works it may as well not ,

        Cheers

        Abhaya

        • 1
          1

          bla bla bl-Abhaya

          Did you read the story about your Northern Cousin Lalu Prasad Yadav and his fodder scam?

          Here something you should have read but decided to ignore.

          Lalu Prasad granted bail by Supreme Court in fodder scam case

          All India | Edited by Deepshikha Ghosh |
          Updated: December 13, 2013 13:37 IST

          File photo of RJD chief Lalu Prasad
          NEW DELHI: Lalu Prasad Yadav, former union minister, has been granted bail in the fodder scam case by the Supreme Court and will soon walk out of jail in Jharkhand.

          The 66-year-old Rashtriya Janata Dal leader was arrested in September after being found guilty of embezzling government funds while he was Bihar Chief Minister. He was sent to jail for five years.

          The fact that he can leave prison will gladden his party, which ran the risk of being perceived as leaderless just months away from the national election. Lalu’s wife, Rabri Devi, had taken charge of the RJD. In 1997, when he was first arrested in the case, she took over as chief minister.

          “His release will have a huge impact in Bihar,” said his party colleague Raghuvansh Prasad Singh.

          Mr Prasad can’t contest the election. After he was convicted, Mr Prasad was disqualified as a parliamentarian and banned from contesting elections for the next six years, both rules set by a recent Supreme Court verdict which calls for barring MPs convicted in corruption cases.

          He was tried by a CBI court which convicted him and nearly 40 others of siphoning Rs. 37 crore by submitting fake bills for animal husbandry. There are a multitude of cases linked to what’s known as the fodder scam, which was worth 900 crores.

          While granting him bail today, a bench headed by Chief Justice P Sathasivam said, “Similar accused have already been granted bail and Lalu Prasad was in jail for a year out of his five-year sentence.”

          The CBI had told the Chief Justice that Mr Prasad “should not run away.”

          Senior lawyer Ram Jethmalani had argued that barring Lalu Prasad, no other convict in the case has been refused bail. 44 people were convicted in the case, he said, of whom 37 have already been granted bail.

          http://www.ndtv.com/

          Have you noticed one common aspect in both cases?

          Ram Jethmalani was acting for both Jaya and Lalu. Lalu was first arrested in 1997. `

        • 2
          2

          bla bla-bhaya

          “18 years to get the conviction . only when a suitable government is in power . yes if this is how it works it may as well not,”

          Oh stupid MR’s ba**s carrier, Lalu was imprisoned during Congress rule, he was the Railway minister in UPA alliance.

          Here is a thought of the day:

          Better to remain silent and be thought a fool than to speak and to remove all doubt.

          — ABRAHAM LINCOLN.

          Or was

          It is better to remain silent and be thought a fool than to talk and remove all doubt.

          – MARK TWAIN

  • 2
    1

    I doubt whether pro-Rajapakse elements will be celebrating the conviction of Jayalalitha. The difference between India’s independent judiciary and Lanka’s kept and prostitute Supreme Court is so obvious that even less educated voters will not miss the point. That means the rot that started in UVA (for the UPFA) is likely to worsen.

    It is the duty of all religious, educational, civil and political entities in the country to educate the people at grass roots level on these issues. It does not matter what specific views they have, for or against Jayalalitha, for both sides there is a more important task to fulfil here. Every opportunity must be taken to raise the consciousness of the people.

  • 0
    3

    “a robust, vigorous and independent Judiciary ” your naivety is unbelievable! We know very well that the lady had attacked Modi and she got what was coming. It had nothing to do with the judiciary.

    • 2
      1

      With all due respect, I do not think Modi or the BJP are behind Jayalalitha’s current predicament. The super arrogant woman was
      buried in heavy corruption for a long time and had it coming to her.
      She was convinced she was not answerable to anyone.
      Subramaniam Swamy began the corruption charges against her decades
      ago even before Modi was known. I believe the increasingly growing
      governing structure in India – the judiciary, public opinion and governance – ensured justice is done. The system will very likely take its own course on Karunanidhi’s family and friends on the G2 scam as well is more than likely.

      R. Varathan

  • 0
    1

    We must NOT lose sight of the fact that the judicial process started in Chennai, but could not be continued due to constant political interference. It had to be transferred to another state, and it took all of 18 years for Jeyalalitha to be necklaced with the crime. Indian Judiciary should take pride in being able to do it’s job effectively even at this late stage, and for jailing the perpetrator .

    Caroline Kennedy’s quote would belong in another era, not today, after George Bush’s election with judicial help. A country that ignores International law and attempts to rewrite it as required at the time can in no way be held as an example of good practice. From time to time the US judiciary also attempts to extend it’s reach outside of it’s borders. Wall street crime has been rampant over the years, yet the perps had with utter impunity carried on. It is notable that the first such criminal to be jailed was born outside the US, as was the Prosecutor Preet Bharara, who happened to be Indian-born. Yet the top rung remains immune, protected in some instances by the very same regulators meant to oversee them, as shown by recently published recordings.

  • 0
    0

    SAJIN VAAS WHO THE HELL IS HE.
    ANOTHER ILLITERATE MASQUERADING AS AN INTELLIGENT MINISTER WHO HAS GOT NO CLUE WHAT HE IS DOING OR NOT DOING

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