Mr Nariman made a submission that the court should take the medical condition of the former Tamil Nadu Chief Minister into account and grant her bail and said she might even be confined to her house. But the bench told Mr Nariman that it couldn’t pass such “unusual orders” for house confinement and that she could either be granted or denied bail.
The bench also remarked that Ms Jayalalithaa had delayed the trial proceedings for years and if she is allowed to come out on bail then the appeal would go on for two decades.
“I undertake that no delay would be caused while the appeal is heard by high court. It is not a game. It may have been a game before. You can record my statement,” Nariman told the bench. Taking into account the assurance given by Mr Nariman in the court hall, the bench gave two months time to Ms Jayalalithaa’s counsel and posted the hearing for December 18, while noting that they will not give even a day’s extension for filing the paperwork.
The bench also said that it would give directions to the Karnataka high court to dispose of the appeal by Ms Jayalalithaa within three months. The high court had last week refused to give bail and suspend the four-year sentence awarded by the trial court.
“After hearing Shri Fali S. Nariman, Shri K.T.S. Tulsi, learned senior counsel for the petitioners and Shri Subramonium Swamy, party-in-person and also the complainant, for the present, we suspend the sentence and direct that the petitioners, Selvi J. Jayalalithaa, Tmt. N. Sasikala, Mr V.N. Sudhakaran, and Tmt. J. Elasvarasi be released on bail on executing a bond with two solvent sureties by each of them to the satisfaction of the 36th additional city civil and sessions judge (special court for trial of criminal cases against Kum. Jayalalithaa and others) at Bengaluru,” the bench said in its order posted on the SC website.
During his argument, Mr Nariman made a submission that the court should take the medical condition of the former CM into account and grant her bail and said she might even be confined to her house. At this juncture, the bench told Mr Nariman that he could not pass such “unusual orders” for house confinement and that she can either be granted or denied bail.
BJP leader Subramanian Swamy strongly opposed the bail plea contending that it is an exceptional case and bail should be denied to her, while raising questions on the law and order problem created in TN by her party workers.
The bench asked the former CM to instruct her party men not to create such problems, while warning that it will take serious objection if it comes to know that the disturbances are caused by political cadres.
