New Delhi: The Supreme Court restraining Tamil Nadu government from releasing three killers of former prime minister Rajiv Gandhi may look like a setback for Chief Minister J Jayalalithha. Even the media and some analysts are saying that it is a huge setback.
But, a very clever politician Jayalalithaa had anticipated this. She has a sound knowledge of the legal issues and knew that the decision would attract nationwide criticism. According to some long time observers of TN politics, Jayalalithaa wanted to make it a big issue ahead of the Lok Sabha elections and she has now succeeded in making it a huge issue.
She will now blame the Congress-led Central government for opposing the release in the Supreme Court and try to portray herself as somebody who did everything she could for the Rajiv Gandhi killers release on humanitarian grounds. It is expected to polarize votes in her favour and all opposition parties including the DMK will be left with no issue to attack her during the election campaign.
According some analysts it will complicate the matters for the Congress, which is facing a rout in Tamil Nadu in this election. They feel that it is Jayalalithaa's masterstroke. After Telangana, the Congress is facing one more trouble from the South. Jayalalithaa has now positioned herself as the sole protector of Tamil people.
Under Article 161 of India's Constitution, the state government has the power to grant pardons and suspend, remit or commute sentences in certain cases. But legal experts say the Centre has to ratify the decision. Jayalalithaa can now claim that she has done everything possible and the Congress has spoiled the chances of their release.
The decision can also alienate the already isolated Congress further and the DMK, actor Vijaykant-led DMDK etc may not ally with Congress in the LS polls. Can they be seen as tying up with party that stopped the release of these fellow Tamils? This is what Jayalalithaa actually wants. She wants to prevent the Congress and other parties coming together in the Lok Sabha polls.
Interestingly Jayalalithaa, who has always been anti-LTTE, has taken this decision. Jayalalithaa has been one of the most vocal critics of the LTTE and its methods. She was also on the hit list of the LTTE.
It seems she has changed her mind after the decimation of the LTTE in May 2009 by Sri Lankan armed forces. Perhaps the political considerations outweighed even a very serious matter of utmost importance like granting pardon to Rajiv Gandhi killers.
Announcing the decision Jayalalithha said in the TN Assembly, "CrPC section 435 asks for state to seek centres nod if offence investigated by central agency (in this case CBI). But all convicts will be released if there is no reply in 3 days as per powers vested in the state and spelt out in section 432 of CrPC."
By doing this, Jayalalithaa has snatched the issue from the hands of all other Tamil political parties. The Centre has prevented her from releasing the Rajiv Gandhi killers. But, it can still serve her political purpose.
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