‘We will be filing a bail application in the Karnataka High Court tomorrow,’ B Kumar, senior counsel for the 66-year-old leader said on Sunday, a day after a special court sentenced her to four years in jail that immediately disqualified her from being an MLA.
Meanwhile this case may be taken up only on Tuesday when there is a scheduled hearing by a vacation bench because the high court will observe holidays from 29 September to 6 October on account of Dusshera.
A battery of lawyers were giving final touches to their legal strategy in seeking immediate relief for Jayalalithaa, who has been convicted by Special Judge John Michael D’Cunha and sentenced to four years imprisonment in the Rs 66.65 crore disproportionate assets case. Since the sentencing was for a period more than three years, only the High Court can grant bail in the matter.
Kumar said a team of lawyers were holding discussions on filing a petition seeking stay of conviction and also the sentence awarded to Jayalalithaa in the 18-year old case.
The criminal revision petition is one of the options before the lawyers who would like to secure an immediate stay on the conviction and the sentencing. A stay on the conviction, which superior courts are said to be normally reluctant to grant in a corruption case, would nullify the disqualification as MLA which the AIADMK leader has suffered with Saturday’s judgement. Unless the conviction is overturned by a superior court, Jayalalithaa runs the risk of being barred from contesting elections for 10 years - four years when she is in jail and six years after release.