DA case: Karnataka wants to recover Rs 100 crore from Jaya's estate
It would be interesting to see what the Supreme Court would have to say on the review plea filed by Karnataka in which it sought a reversal of the verdict abating Jayalalithaa in the disproportionate assets case. While delivering the verdict, the court had made observations against Jayalalithaa albiet posthumously of how she had criminally conspired with co-accused Sasikala to launder ill-gotten wealth.
The court, however, said that the case against Jayalalithaa stood abated with her death. Effectively, this would mean that the Rs 100 crore fine imposed by the trial court on Jayalalithaa could not be collected by Karnataka.
It may be recalled that OneIndia had first reported on March 3 that Karnataka had planned on seeking a review of the order pertaining to the fine amount.
[Can Rs 100 crore be recovered from Jayalalithaa? Karnataka to seek clarification in SC]
What has Karnataka contended?
In the review petition, Karnataka said that if a party dies after the conclusion of arguments and the judgment is reserved, an order of abatement cannot be passed. The judgment subsequently pronounced shall have the same force and effect as if the same was pronounced before the death took place, Karnataka has contended.
It
has
been
contended
that
there
is
no
provision
in
the
Constitution
or
the
Supreme
Court
rules
for
such
an
abatement
of
appeal.
It
was
also
pointed
out
that
as
per
the
2013
rules
of
the
Supreme
Court
in
both
civil
appeals
and
election
petitions,
there
shall
be
no
abatement
if
the
death
takes
place
after
the
conclusion
of
the
hearing.
There
cannot
be
an
order
of
sentence
since
it
is
infructuous
in
the
event
of
her
death.
However,
the
SC
should
have
ordered
that
the
fine
of
Rs
100
crore
which
was
levied
by
the
trial
court
must
be
paid.
The
fine
should
be
recovered
from
her
estate,
Karnataka
has
also
contended.
Even though the question of A 1 (Jayalalithaa) undergoing further imprisonment does not arise, sentence to pay fine is legally sustainable which has to be recovered from the estate. This is particularly so where the offence alleged is of illegally acquiring disproportionate assets. Therefore, the finding that the appeal has abated is not correct, it was further argued.
Karnataka also pointed out that a criminal appeal involving offences under the Prevention of Corruption Act stand on a slightly different footing where the allegation is of acquisition of disproportionate assets by a public servant. In the circumstances, though the death of the accused no 1 [Jayalalithaa] renders sentence of imprisonment infructuous, the question whether any fine is liable to be imposed as also confiscation of illegally acquired property will survive for consideration.
OneIndia News