Difficult to infer that the properties were acquired by means of ill-gotten money, says HC
| May 12, 2015
BJP leader Subramanian Swamy has said that he was appealing in the supreme court against the acquittal of J Jayalalithaa and three others in a disproportionate assets case. The Karnataka government, meanwhile, is still to decide on the appeal against the Karnataka high court's judgement.
In a tweet, Swamy said in a tweet “I will prove that the KHC judgment is a ‘tragedy of arithmetic errors’.
In my Appeal to SC In JJ DA case. I will prove that the KHC judgment is a "tragedy of arithmetic errors". JJ will have to resign again if CM— Subramanian Swamy (@Swamy39) May 12, 2015
Read the full verdict: Click Here
Swamy was the original complainant in the case as well.
The Karnataka high court on Monday declared that the prosecution’s charges that Jayalalithaa amassed wealth and acquired agricultural lands, sites, floated firms, etc “cannot be believed because the money that has been spent for acquiring the said properties can be inferred from the loans borrowed from nationalised banks.”
The court said not only the source of incomes of VK Sasikala, VN Sudhakaran and J Ilavarasi was “lawful” but “object is also lawful.”
In his verdict, Justice CR Kumaraswamy held that the prosecution had not adduced any evidence to the effect that Jayalalithaa instigated or conspired with other accused to acquire lands and immovable properties in their names.
“The prosecution mainly relies on evidence of the sub-registrar and brokers and also sale deeds. Except marking the sale deeds, there is no other evidence. The burden lies on the prosecution to establish the benami transaction. The prosecution has not adduced any evidence with regard to allegation of benami transaction,” the court held.
“The immovable properties were acquired by borrowing huge loans from the nationalised banks. It is difficult to infer that the properties were acquired by means of ill-gotten money. Therefore, in my view, confiscation of the properties by the trial court is not sustainable in law,” said Justice Kumaraswamy.
The value of disproportionate assets was Rs. 2.82 crore and this value was not enough to convict them on charges of corruption, said Justice Kumaraswamy in his verdict while disagreeing with the findings of the special court, which had computed the value of DA at Rs. 53.6 crore.
Maya Kodnani, a BJP leader who was the MLA from Naroda when this locality on the outskirts of Ahmedabad witnessed one of the most gruesome episodes during the Gujarat riots of 2002, was acquitted by the Gujarat High Court on Friday. Her acquittal in the Naroda Patiya massacre case is only a sequel to
The number of civic complaints with BMC has increased from 61,910 in 2015 to 92,329 in 2017, which is 49% in two years. A report titled ‘Civic Issues Registered by Citizens and Deliberations done by Municipal Councillors in Mumbai’ released by Praja Foundation has found some interesting facts a
Atishi Marlena is among the nine AAP functionaries who were dismissed by the union home ministry asserting that their posts were created without the approval of the centre. Marlena, served as education advisor of the Aam Aadmi Party (AAP)-led government in Delhi. While she was intrumental in improving the
The Fortune magazine has named three Indians – lawyer Indira Jaising, industrialist Mukesh Ambani and architect Balkrishna V Doshi – among the world’s greatest fifty leaders.
Remember Kardashev scale? For the uninitiated, it’s a method of measuring a civilization’s level of technological advancement, based on the amount of energy it is able to use for communication. We will get to its unconventional relevance to the big urban questions at the end, but just keep it a
Out of 1580 MPs and MLAs with criminal cases, 48 (three MPs and 45 MLAs) have declared cases related to crime against women. The Association for Democratic Reforms (ADR) and