To All : Certain Misconceptions : I did receive a call from a friend in Chennai that the city is raining quite heavily, good, Chennais curse is only the acute shortage of power and scarce water supply, but that friend also told me that the citys traffic has come to a grinding halt and it is at snails pace from the airport, because Jayalalitha has returned to the city and her partymen have assembled in lots to receive her, Fair enough. This is natural, but what I laughed at was the caption of the poster he told me which has been stuck around Madras That she has come out released and that the rain gods have blessed the city with rains The latter part is ridiculous, and the former is a total misconception, she is purely on Interim Bail and her disqualification has no role in this, it is only the sentencing which is the issue and people do not know the difference between a Anticipatory Bail, Anticipatory interim Bail ( granted to Sanjay Dutt in the First time in Indian Judicial System ), a interim bail, a conditional bail, a absolute bail, and a discharge, Anyway I dont blame them nor do I ridicule them for they have expressed their euphoria without knowing the meaning ,Well it is natural and it happens, The truth is she is on interim bail only and if a any of the conditions are breached then the bail stands cancelled, she has a uphill task to submit the papers by Dec 18th and thereafter the hearing by the Supreme court, and there can be no petitions for condonations nor extension The Apex Court would only deal with the sentencing of 4 years and the 100 crore penalty, thats all. By no means this is a release or a discharge, it is only a interim conditional bail. Of course I do understand the feelings of her partymen, they have just worded it that way, but that is not the fact........... She has a uphill task and her legal team would have to work round the clock, if at all she wants a remission in the sentence and the penalty and to overturn or reduce the lower courts sentence. This needs the top most legal brains, I would not rule out K.K. Venugopal ,and Fali Nariman, but Nariman is more of a constitutional lawyer, and his track record on appearing for Criminal cases is rather limited,. The ever genial Ram Jethmalini whom I would rate the best in India, is the best criminal lawyer but Jethmalini is brilliant at arguments on a trial whether it be the lower courts or the supreme court and he is a top constitutional lawyer too, but I have not come across much cases where he has succeeded in obtaining a bail.
Posted on: Sat, 18 Oct 2014 15:06:08 +0000
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