New Delhi, June 2: These leaders are like demigods who command immense power and they have the capacity to subvert the system, senior counsel Dushyanth Dave had to say in the J Jayalalithaa disproportionate assets case being argued before the Supreme Court.
A Bench comprising Justices P C Ghose and Amitava Roy are hearing an appeal filed by Karnataka challenging the acquittal of Tamil Nadu Chief Minister, J Jayalalithaa and three others.
Dave who is arguing for Karnataka told the court that there are some leaders who are considered as demigods by their supporters. These persons command power and have the capacity to subvert the system, Dave argued.
The point came up while Dave was demonstrating to the court how party workers had given Jayalalithaa Rs 1.5 crore as gifts on her birthday. He said that if such a practise is allowed then it would destroy the system.
If serious note is not taken of the same then it would become a free for all for politicians to escape the law under the Prevention of Corruption Act.
Should assets be disclosed:
When Karnataka was arguing about the delayed intimation to the Income Tax Department, the Bench sought to know if there was any legal requirement for a public servant to disclose assets while in office. Dave pointed out immediately that the Civil Services Conduct Rules do mandate it.
Dave further sought to know why a loan amount of Rs 15 crore taken by Jaya Publications was not intimated to the authorities. There was a delay of 5 years before the same was intimated to the IT department and this in my view is an after thought, Dave contended.
The Bench then sought to know if a loan taken from a near and dear one amounted to a disproportionate asset. If a son borrows money from his father is it illegal per se the Bench also asked. Justice Ghose even said in lighter vein that if he borrowed money from Justice Roy would be termed as a disproportionate asset. To this Justice Roy replied, " brother I do not have that kind of money."