Swamy calls Jayalalithaa verdict as ‘tragedy of arithmetic errors’

Difficult to infer that the properties were acquired by means of ill-gotten money, says HC

| May 12, 2015


#Jayalalithaa   #Subramanian Swamy   #Karnataka High Court   #CR Kumaraswamy  

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’.



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.

 

Comments

 

Other News

70 words that define India, why Doklam stand-off won’t lead to a war, and more

As India celebrates 70 years of freedom, Governance Now looks back and picks 70 words – or phrases, buzzwords, slogans, events – that best define this ancient nation and young democracy. Here, you will find much to be proud of, much tinged with pangs of nostalgia. Then there are entries that

A dose of PPP in healthcare is what the doctor recommends

Dr Kenneth E Thorpe, a professor of health policy and management at Emory University in the US and also the executive director of Partnership to Fight Chronic Diseases (PFCD), says that the government alone cannot do everything. “They don’t have the resources and capacity. So we have to fin

EESL signs MoU with oil companies for energy saving appliances

Energy Efficiency Services Limited (EESL), a joint venture company of PSUs of ministry of power, signed an agreement with oil marketing companies (OMCs) of ministry of petroleum and natural gas for distribution of energy efficient appliances under the flagship Unnat Jeevan by Affordable LEDs and applianc

Jammu airport’s upgraded terminal building inaugurated

Union minister for civil aviation, P Ashok Gajapathi Raju inaugurated the upgraded passenger terminal building of Jammu airport.   Notably, Jammu airport belongs to the Indian Air Force, and airports authority of India (AAI) maintains a civil enclave for civil aircraft operat

Election Commission shows it has spine

The election commission has become increasingly assertive in the past few months, showing its mettle in times of electoral challenges.   Weeks after rooting from EVMs and just days after the poll panel declared votes cast by two rebel Congress legislators in the Rajya Sabha e

Is Amit Shah`s blueprint for 350-plus seats in 2019 Lok Sabha elections achievable?

Is Amit Shah`s blueprint for 350-plus seats in 2019 Lok Sabha elections achievable?



Video

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter