READ ALSO: Karnataka HC rejects Jaya's bail plea
"Their decision to seek bail for all four, including the relatively young and healthy V N Sudhakaran, simultaneously defies logic," a veteran prosecutor of a central law enforcement agency told TOI. "If a case involves more than one accused, it is not uncommon practice among lawyers to move the case of the fittest among all for bail first," he said. "In this case, they ought to have first bailed out Jayalalithaa, who had age, health and societal status on her side."
Given Sudhakaran's age and the relatively better health of the other three convicts in the disproportionate assets case, no judge would have granted bail to them at first instance. "Had the Jayalalithaa's case alone been moved first, the remaining three could have benefited later by citing her case," the veteran prosecutor said. "I do not understand their haste in trying to get all convicts out on bail in one stroke."
READ ALSO: False news leads to momentary celebrations among AIADMK workers
Just as the AIADMK cadres lit their firecracker wicks too soon, the legal team too has been exhibiting extraordinary haste in filing appeals and pushing them for early hearing. "First of all, the defence team took only two days to file appeals against the 1,136-page judgment of special judge John Michael Cunha. On September 30, after vacation judge Justice Ratnakala adjourned it to October 6 to be heard by a regular bench, they represented the matter to the chief justice of the court and made the same Justice Ratnakala hear it yet again on October 1. She, again, adjourned the matter to October 7. Not satisfied with the second adjournment, they gave an application to the court registrar demanding early hearing by another judge. The ex-chief minister's lawyers behaved like novices. How can a court registrar go beyond an order of adjournment by a judge?" asked a senior advocate.
AIADMK members outside party office in Chennai.
Another senior prosecutor TOI spoke to also echoed the view that Jayalalithaa's legal team has made "tactical blunders." "It is well settled that granting bail is mostly the discretion of the judge concerned, more so in the case of a big corruption case involving the high and mighty. On Tuesday, instead of seeking bail on humanitarian grounds, which is the best way to win interim reprieve such as bail, the legal team was very critical of special judge Cunha's verdict and argued on such serious issues as merits and jurisdiction," a member of the defence team told TOI.
READ ALSO: Judge keeps Jaya on tenterhooks
So, what's next? According to a key member of the defence team, the order copy was expected by Tuesday evening and the plan was to quickly move the Supreme Court on Wednesday. However, a senior advocate questioned the hurry saying, "her legal advisors need to get their strategy correct first, and then move courts with detailed affidavits supported by strong evidence in their favour."
Heavy security cover outside Karnataka HC during Jaya's hearing. The high court rejected the AIADMK supremo's bail plea on Oct 7.
An appeal cannot be printed like a 'cinema notice', said a senior advocate, who added that several thousand pages of documents need to be printed, verified and numbered. "It will take at least three months for the high court to prepare the full set of appeals, and the proceedings itself might take a couple of years to end. Either the ex-chief minister's counsel themselves are ignorant, or they are too scared to appraise their clients of the actual time these judicial proceedings will take," he said.
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Cops ensure peace prevailed around jail
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