Supreme Court hearing in Jayalalithaa disproportionate assets case February 2

The Supreme Court on Friday posted for final hearing on February 2 a batch of appeals filed by the Karnataka government and DMK general secretary K. Anbazhagan challenging the acquittal of Tamil Nadu chief minister J. Jayalalithaa and three others in the Rs 66-crore disproportionate assets case by the Karnataka high court.

A bench of Justices Pinaki Chandra Ghose and Amitav Roy granted two weeks to the appellants and Ms Jayalalithaaa and others to submit a note indicating the relevant issues for determination and adjudication in the appeals.

BJP leader Subramanian Swamy, who is an intervener, submitted his note highlighting the issues. He said even if the entire judgment is accepted and if one totalling mistake is corrected the total income is Rs 10,67,31,274 as against the erroneous total of Rs 24,17,31,274, the disproportionate assets comes to Rs 16,32,36,812 (it is 76 per cent as against 8.12 per cent as held by the high court).

The bench told senior counsel Dushyant Dave for Karnataka, senior counsel T.R. Andhyarujina for Mr Anbazhagan, senior counsel L. Nageswara Rao, Aryama Sundram and Shekar Naphade for Ms Jayalalithaa and others to give written submissions on the issues to be decided in the appeals. Consequently, the judgment of acquittal has to be set aside and conviction should be restored.

A single-judge of the Karnataka high court, while acquitting Ms Jayalalithaa, Ms Sasikala, Ms Iavlrasi and Mr Sudhakaran, had relied upon a judgment of the SC in 1977, holding it would not be an offence if the accused had disproportionate assets which is not more than 10 per cent of the known sources of income.

As the accused had only 8.12 per cent, in excess of the known sources of income, the judge gave the accused benefit of doubt and acquitted them.