Tuesday May 22, 2018
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Karnataka moves SC against Jayalalithaa’s acquittal

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New Delhi: The Karnataka government on Tuesday moved the Supreme Court challenging the state high court’s verdict acquitting Tamil Nadu Chief Minister J. Jayalalithaa, her aide Sasikala Natrajan and two others in a case of disproportionate assets.

The Karnataka government has urged the apex court to stay the operation of the May 11 verdict.

“Pass an ex-parte ad-interim order of stay, staying the operation of impugned final judgment and order of May 11,” a petition by the Karnataka government said in its prayer for interim relief.

The Karnataka government contended that the high court committed a “grave mistake” in arriving at a figure of Rs.24,17,31,274 while a total of 10 loans taken by Jayalalithaa and others and the companies they were associated with was Rs.10,67,31,274.

It is because of this “grave mistake” in the calculation that the high court erroneously concluded that the disproportionate assets were only to the extent of 8.12 percent of the income whereas it was 76.7 percent.

Contending that the reversal by the high court of the trial court verdict convicting Jayalalithaa had resulted in “miscarriage of justice”, the Karnataka government said that apart from other infirmities, the “grave mistake” had led to the acquittal of Jayalalithaa and others including V.N. Sudhakaran and J. Elavarasi.

The Karnataka government has questioned whether Jayalalithaa’s appeal against the trial court order convicting her and others was maintainable without making Karnataka a respondent.

The state has contended that because Jayalalithaa and the others did not make the Karnataka government a party to the case, it could not appoint a public prosecutor to pursue it.

The trial court in Bengaluru on Sep 27 convicted Jayalalithaa of possessing assets disproportionate to her known sources of income and awarded four jail terms and fined her Rs.100 crore.

The case dates to the period from 1991 to 1996 when Jayalalithaa was the chief minister of Tamil Nadu.

(IANS)

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Another Deadline Missed, No Draft Scheme on the Cauvery Dispute Till Now

On the expiry of the six-week deadline, the Centre sought extension of time till the completion of the electoral process in Karnata for submission of the Scheme.

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The court said that even if the Centre has not framed the scheme, Karnataka, under the Cauvery Water Dispute Tribunal award, was obliged to make monthly releases to Tamil Nadu.
Supreme Court of India. Wikimedia commons

The Centre yet again failed to submit a draft Scheme on the Cauvery river water dispute before the Supreme Court on the ground that the Prime Minister and other ministers were campaigning in Karnataka, which Tamil Nadu flayed as “brazen partisanship”.

Seeking 10 more days to finalize the scheme, Attorney General K.K. Venugopal told Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud: “A draft scheme has been placed before the Cabinet. Because of Karnataka elections, the Prime Minister and all other Ministers are in Karnataka. Before that the Prime Minister was abroad (in China).”

It also sought response from the Centre on the steps taken by it since the pronouncing of the judgement for putting in place a scheme for implementing its order on the sharing of Cauvery water among Karnataka, Tamil Nadu, Kerala and Puducherry.
Parliament of India, wikimedia commons

The Centre’s submission was countered strongly by senior counsel Shekhar Naphade, appearing for Tamil Nadu, who said: “Sorry to say, the Central government is politicizing the issue. They are worried about their electoral fate in Karnataka. Election in Karnataka is on May 12 and somehow they don’t want to do it till then. We have enough of it. It is brazen partisanship of the Union of India. It is the end of co-operative federalism.”

The apex court in its February 16 judgement had directed the Centre to frame a Scheme within six months in accordance with the recommendation by the Cauvery River Water Tribunal for constitution of the Cauvery Management Board (CMB) and Cauvery Regulatory Authority (CRA), which Karnataka opposes strongly.

On the expiry of the six-week deadline, the Centre sought extension of time till the completion of the electoral process in Karnata for submission of the Scheme. Tamil Nadu filed a contempt petition against the Centre for failure to act within the deadline.

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During Thursday’s hearing, the court directed the Karnataka government to respond on how much of the four TMC of water it can release by month end. It also sought response from the Centre on the steps taken by it since the pronouncing of the judgement for putting in place a scheme for implementing its order on the sharing of Cauvery water among Karnataka, Tamil Nadu, Kerala and Puducherry.

In the course of the hearing, the court asked Karnataka to release 4 TMC of water by Monday.

The court said that even if the Centre has not framed the scheme, Karnataka, under the Cauvery Water Dispute Tribunal award, was obliged to make monthly releases to Tamil Nadu.

The court directed the next hearing of the matter on Tuesday. (IANS)

 

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