A careful reading of the appeal states clearly that Karnataka High Court had erred mathematically and the appeal before the Supreme Court focuses on this aspect entirely and says that the quantum of disproportionate assets if calculated correctly should be at around 168 per cent.
It is the backbone of the appeal, a law officer part of drafting the appeal informed OneIndia. On close reading of the High Court order, we realized that the errors committed were grave and led to the acquittal of the accused. In fact it was the sole ground that led to the acquittal, the officer also informed.
The matter is likely to come up for hearing in the Supreme Court in the month of July. Karnataka does not intend to push for the matter to be taken up out of turn. Let it come up as per the serial number allotted, the officer informed.
Quantum of disproportionate assets was not 8.12 per cent
Karnataka repeatedly in its appeal argues that the quantum of disproportionate assets was 8.12 per cent as calculated by the High Court. The High Court while calculating the quantum of disproportionate assets arrived at a wrong figure.
The Karnataka government's appeal states that if the calculations are corrected, then the disproportionate assets value becomes Rs 16.32 crore. This would make the percentage of the disproportionate assets 76.7 per cent.
Further the appeal states that the an amount of rs 3.58 crore for construction cost was arrived by computing the difference between admitted cost by the accused. The accused admitted the cost of the construction was Rs 8.68 crore where the High Court fixed the cost at Rs 5.1 crore.
If one were to add the business income of Jaya Publications again as admitted by the accused and the same is added to the disproportionate income, the amount comes up to Rs 22.75 crore. This would mean the quantum of disproportionate income rise much beyond 76.7 per cent.
Further the appeal also urges the Supreme Court to look into the marriage expenses that were deducted without taking into account the total expenditure. This is an error that needs to be rectified and if the same is done then the quantum of disproportionate assets would go up to nearly 168 per cent.