Sunday, January 11, 2015

THE UNSUNG CHAMPION...‏WHO CLIPPED JAYALALITHAA'S WINGS

Thomas is behind clipping of wings of politicians such as Jayalalithaa and Lalu Prasad who have been accused of accumulating wealth through unfair means. 
NEW DELHI:AIADMK'S Jayalalithaa has often said her dream was to be a lawyer but last Saturday when a court convicted her in the disproportionate assets case, it was a woman lawyer, 87-year-old Lily Thomas, who was whisked away by anxious family members from her apartment in Delhi to a 'safer location.'

"Seeing the reaction of people in Tamil Nadu, we were worried about her safety as she lives alone in Delhi. So we brought her to live with us," said Thangam, her niece who lives in Gurgaon.

Lily Thomas is behind clipping of wings of politicians such as Jayalalithaa and Lalu Prasad who have been accused of accumulating wealth through unfair means. She was the petitioner in the case - now referred to as the Lily Thomas judgment - where Supreme Court struck down Section 8(4) of the Representation of the People Act. Following the verdict, a legislator stands disqualified immediately when convicted for two or more years' prison.

"She (Jayalalithaa) looked so powerful when in power but now she stands betrayed and alone. Why didn't her party stop her? Where is the wealth now? Shouldn't it be confiscated? Our law should be so clear that there should be no ifs and buts," Thomas said.

Last week, while coming down the stairs of her New Delhi apartment, she broke her arm and has been asked to take rest. Sitting with a bandaged arm, she recalls it was in 2005 that she filed the petition first, enraged at the sight of convicted getting stay from courts, contesting elections and winning them. The petition was rejected and it was only in her third attempt that she succeeded.

"Earlier, a convicted politician could file an appeal which could result in a stay on the conviction. It encouraged tainted leaders to contest elections," she says. When the UPA government last year prepared an ordinance to nullify the judgment, Thomas quickly prepared a review petition and was all set for another fight, but it was withdrawn. "Krishna in Bhagwad Gita says he will be born for restoring Dharma whenever it is in danger. Here, Dharma gets broken every day. Judiciary has become the correcting mechanism. What we need is a satvik Parliament devoid of corrupt politicians, so that democracy is run on principles." Thomas says she got help from other experts, including Fali Nirman, who argued for the case on her request.

Originally from Kerala's Kottayam, Thomas grew up in Trivandrum and enrolled in the Madras High Court in 1955, after pursuing a law course in Madras University. She then joined the Supreme Court where only three women lawyers were in active practice. Thomas has been filing petitions since 1964 on a variety of issues - from questioning the validity of government exams and sorting out issues of railway employees to one in which the Supreme Court came down heavily on conversion to Islam for the express purpose of entering into a second marriage. Her hero is her father, also an advocate, who fought all his life to demolish a church meant only for Dalits, she says.

For Thomas, age is only a number. Her courage and enthusiasm have not dimmed nor has her sense of humour. Even now, she goes to the court every day and works for 8-10 hours. With over 55 years of experience, she has people coming over for legal advice every day. She can be consulted on any legal issue, except divorce, which she believes should be avoided.

"I read Mills and Boon for fun. I have read all 600 of them. I like the simplicity and warmth of these books." Single at 87, Lily has few regrets. "All the men I liked were already married. I was a romanticist. I wanted Lincoln, James Bond and Churchill in one man." She recalls a judge asking her if she was a miss or a Mrs, "I told him I am a miss but I don't miss much. He laughed so hard that even it would have been audible at India Gate."

She is thorough with the Bible and the Vishnu Sahasranam. "Most Hindus and Christians have not understood their religions well," she says. Niece Thangam and her husband Issac said that their aunt would often give away food and clothes to rag pickers. On a regular day, she is busy preparing PILs to make government answerable for the time-frame of each trial. "I am believer. Jesus is with me all the time, asking me answers to all my actions. As an advocate, I have many responsibilities which I am trying to fulfill," she concludes.


Sent by Arun Shroff

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