Bengaluru, April 5: The case was a politically motivated one and the prosecution has failed to prove that the Tamil Nadu Chief Minister J Jayalalithaa was holding assets disproportionate to her known source of income, L Nageshwar Rao argued at the Supreme Court today.
Rao, who is appearing for Jayalalithaa demonstrated before the court that the assets were valued wrong. The Bench comprising Justices P C Ghose and Amitava Roy adjourned hearing on the matter to tomorrow.
No money flow:
Rao, who spent the entire day arguing the case said that Jayalalithaa cannot be made to explain the assets or acquirement of property by others while adding that this was a politically motivated case.
There has been a deliberate attempt to over-value the properties. The property in question has been acquired by legal means.
In such cases, the onus is on the prosecution to prove the guilt. The defence cannot be asked to prove the innocence.
The trial court's order convicting Jayalalithaa was not right. It even slapped a fine of Rs 100 crore. It must be noted that the trial court had taken into account the clean chit given by the income tax tribunal.
However, while sentencing her the same had not been concerned, said Nageshwar Rao.
Where is the money flow between Jayalalithaa and Sasikala Natrajan? There is no money flow between Jayalalithaa, Sasikala, Ilavarasi and Sudhakaran, Nageshwar Rao tells Supreme Court.
The prosecution's allegation that there was money flow between Jayalalithaa and Sasikala is entirely wrong. They arrived at that conclusion citing that the two lived in the same house.
IT returns were filed:
The IT returns were all filed before the chargesheet in this case was filed. In fact, it was only in the case of Namathu MGR that the IT returns were not filed before the chargesheet, Nageshwar Rao informed the court.
IT evidence is admissible. The Supreme Court had said that both the manual of the Director of Vigilance Chennai and IT evidence is admissible in law.
The trial court however did not consider the clean chit given by the IT tribunal while sentencing Jayalalithaa, says Rao.
The disproportionate assets have been exaggerated says Nageshwar Rao appearing for Jayalalithaa. He says that the DVAC was wrong in concluding that the amount was Rs 30 crore. It just comes up to Rs 67 lakh and that too this money is part of her savings.