Sasikala convicted in DA case: How a Poes Garden raid did her in

Subramanian Swamy's complaint named only Jayalalithaa and not Sasikala

Over the past week or so, one of the staunch supporters of VK Sasikala's claim to form a government in Tamil Nadu was BJP leader Subramanian Swamy. He was seen openly supporting her in TV channels and even met the governor at Chennai. Ironically then, the final blow that dashed Sasikala's hopes of occupying the chief minister's chair came from a bullet fired by Swamy two decades ago.

In fact, while Swamy's complaint named only Jayalalithaa, a raid of Poes garden and evidences gathered there and other locations in 1996-97, brought in Sasikala, her nephew VN Sudhakaran and her sister in law J Elavarasi as accused no 2, 3 and 4 in what came to be known as the disproportionate assets (DA) case.

The trial court judgment by Justice John Michael Cunha in September 2014, records that the criminal law was set in motion against former Tamil Nadu chief minister Jayalalithaa by Subramanian Swamy, the then president of Janata Dal.

He lodged a complaint on June 14, 1996 alleging that, subsequent to the assumption of the public office of the chief minister of Tamil Nadu, Jayalalithaa acquired properties and earned income disproportionate to her known source of income. The complaint came a month after the AIADMK was condemned to its worst defeat till date in the Assembly elections. Jayalalithaa herself lost in Barugur. Her party was reduced to four seats from 164, five years earlier.

Re 1 income, crores of assets

According to the trial court judgment, in 1987, total value of former Chief Minister J Jayalalithaa's properties were worth only Rs 7.5 lakh, a good portion inherited from her late mother NR Sandhya. In addition, she had about Rs 1 lakh in cash. That year, after MGR died, Jayalalithaa plunged into full-time politics and managed to garner support of a significant number of party men.

She managed a better haul than the rival Janaki faction in 1989 assembly elections, which DMK won. And, took control of the party and the iconic two leaves symbol in time for the next election. As of July 1, 1991, Jayalalithaa, her aide VK Sasikala and the combined worth of the entities in which they were partners namely Jaya Publications, Sasi Enterprises and Namadu MGR were estimated to be around Rs 2.01 crore.

But, the surge in assets after the AIADMK swept to power was even steeper.

"Her declared wealth during 1989-90 was Nil and it increased to Rs.1.89 crore in 1990-91; Rs. 2.60 crores in 1991-92; Rs.5.82 crores in 1992-93; Rs.91.33 crores in 93-94 and Rs.38.21 crores during 94-95 though she was receiving only 1/- Rupee per month towards her salary as Chief Minister," Swamy's complaint had said.

Within a week after recording the sworn statement of the complainant, a special court in Chennai ordered investigation under the Prevention of Corruption Act and Sec.202 Cr.P.C. by senior IPS Officer Lethika Saran and sought a report in two months.

Saran, during her investigation, collected records and documents from various banks, registration offices and from the registrar of firms pertaining to the investments and properties standing in the name of Jayalalithaa, Sasikala and her close relatives. After challenges by the accused, the high court in September 1996, asked the Director of Vigilance and Anti-corruption (DVAC) to appoint a person of his choice for investigating the matter.

VC Perumal, the then DVAC, filed a first information report against Jayalalithaa and appointed his Additional Superintendent Nallamma Naidu as the investigating officer.

The arrest and the raid

On December 6, 1996, exactly twenty years before she breathed her last, Jayalalithaa's anticipatory bail applications were rejected and she was sent to jail the next day. Naidu obtained search warrants, conducted search of her iconic Poes Garden residence. The searches yielded critical pieces of evidence for the prosecution and some spectacular visuals of footwear, sarees and jewellery collection for Sun TV. It was widely reported that the haul included jewellery-30 kg of gold (400 pairs of bangles) and 500 kg of silver- over 100 wrist watches, more than 150 curios and semi-precious stones, besides a wardrobe of 10,000 saris and 250 pairs of imported footwear.

It is from these evidences that Sasikala and her relatives were brought into the case. "The incriminating evidence collected during the investigation having disclosed the complicity of A-2 to 4 in the alleged offence," records the Cunha judgement. Naidu made an application to the Special Judge on January 22, 1997 "for addition of A-2, 3 and 4 as co-accused and for incorporation of additional offences u/Sec. 120-B of Indian Penal Code r/w Sec.13 (2) and 13 (1)(e) of PC Act, 1988 and Sec.109 of Indian Penal Code. On completing the investigation, PW.259 laid the charge sheet against all the accused on 04.06.1997."

On June 5, 1997, the Special Judge, Chennai took cognizance of the offences and directed summons to the accused persons. It is during this stage Sasikala is said to have sought "the Tamil translation of documents", which were supplied.

In October that year, the special judge dismissed applications for discharge filed by Sasikala, Elavarasi and Sudhakaran and framed charges.

The three were charged for being part of a criminal conspiracy of acquiring and possessing assets worth Rs 66.65 crore and holding a substantial portion of these in their names and in 32 business enterprises floated in their names. All the accused persons denied the charges and claimed to be tried.

The trial that began twenty years ago, was moved to Karanataka on DMK leader K Anbazhagan's plea to Supreme Court in 2003, as AIADMK returned to power in 2001. Eleven years later, Cunha passed his landmark judgment that sent to jail Jayalalithaa, then in her third term as the chief minister. She handed over reins temporarily to O Panneerselvam before returning to lead her party to one final victory after the Karnataka High Court overturned Cunha's verdict in May 2015.