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SC verdict puts Congress in a quandary

N Sathiya Moorthy in Madras

The All-India Anna Dravida Munnetra Kazhagam is upset while its prospective ally, the Congress, is caught on the horns of a dilemma -- and so is the Left.

The Supreme Court's verdict upholding the appointment of special courts by the Tamil Nadu government to try the corruption cases against former chief minister Jayalalitha and her erstwhile Cabinet colleagues may force Sonia Gandhi to reconsider the plan to align with the AIADMK.

The verdict pronounced by Justices A T Nanavati and S P Kurdurkar today was not wholly unexpected. The bench had consistently declined Jayalalitha's pleas to stay the trial in one of the three special courts in Madras. That implied it was convinced a prima facie case existed for trial at a lower level, as was observed by the Madras high court, and that it would only go into the technical aspects.

The Centre's subsequent notification transferring the cases from the special courts to the regular sessions courts, issued on February 5, was also faulty in law. Attorney-General Soli Sorabjee conceded as much when he told the court on April 15 that the notification had not been cleared by the Madras high court.

Jayalalitha now has 30 days to seek a review of the verdict. Usually, such review petitions go to the same bench that heard the original case. Alternatively, the petition should raise serious constitutional questions that were not addressed earlier.

If the Supreme Court does admit a review petition, it will be not just a legal reprieve for Jayalalitha, but a political reprieve, with the general election scheduled to be held in September-October. Otherwise, there are indications that at least one case, the TANSI land deal scandal, will take not more than a month to reach a conclusion.

Of course, it will be open to Jayalalitha to appeal against the trial court's verdict if it is unfavourable, but having to visit the courts frequently and get cross-examined on election-eve will not be a very happy prospect for her.

Naturally, the AIADMK cadres are upset. One step forward, two steps back has been the party's fate since sweeping the Lok Sabha poll last year. Now a hate object for most parties in the state, the AIADMK was only just coming to be accepted by the Left and the Congress. Congress Working Committee member Sharad Pawar even held "positive" talks with Jayalalitha in Madras earlier this week and is scheduled to visit her again on Monday, to firm up an electoral alliance.

The Congress hopes to cash in on its stability card, and wants to project Sonia Gandhi as prime minister. Despite all the party's candidates losing their deposits last year, the Congress hopes Tamil Nadu will give it a good number of MPs. Hence, the talks with the AIADMK, which retains a committed vote bank.

But the case has put Jayalalitha back in focus. "Her contribution to the instability at the Centre apart, a daily trial requiring court visits, depositions and cross-examinations can be different cup of tea," a Congress politician conceded.

The CWC is meeting in Delhi on Saturday, where Pawar will brief the high command on his talks with Jayalalitha -- and get a brief for the next round.

While it is still too early to gauge the public mood, the Congress may use the Supreme Court verdict to drive a hard bargain and force Jayalalitha to concede more seats. "But it's another matter, convincing the voters," the Congressman admitted.

Today's verdict has also made the Tamil Maanila Congress sit up. The party is awaiting Gandhi's decision on an alliance with the AIADMK. Founder-president G K Moopanar has said his strategy will be based on the Congress's decision. Insiders say the TMC will not work with the AIADMK even indirectly.

Moopanar discussed with his legislators and members of the TMC executive committee Pawar's invitation for a merger with the Congress. "We are playing our cards slowly but surely, one at a time. Our next step will be taken only after the Congress decision in the changed circumstances," a TMC politician said.

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