"Jayalalithaa's acquittal can be set aside by correcting just one mathematical error"

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Bengaluru, Jan 20: The Karnataka Government would open its arguments in the appeal filed against the acquittal of Tamil Nadu Chief Minister, J Jayalalithaa by pointing out that it was allowed only a written submission.

The Karnataka Government has filed an appeal against the acquittal of Jayalalithaa by the Karnataka High Court. The matter will be heard on a day to day basis by the Supreme Court from February 2 onwards.

Jayalalithaa

Represented by the Special Public Prosecutor, B V Acharya, Karnataka would make out a straight forward case on why the order of acquittal should be set aside.

We were never given an opportunity of an oral hearing by the Karnataka High Court. At the fag end of the arguments on the appeal before the High Court, we were just permitted to hand out a written submission, Karnataka will contend before the Supreme Court.

Just correct one glaring error:

The Karnataka government has repeatedly spoken about the arithmetic error made by the High Court as a result of which Jayalalithaa and three others got the benefit of an acquittal. The acquittal can be set aside by correcting one error, Karnataka will also contend in the Supreme Court.

The totalling mistake shows that the value of disproportionate assets of the accused comes to Rs. 16.32 crore, that is 76.7 per cent of the income, against the 8.12 per cent arrived at by the High Court.

The judgment of acquittal is liable to be converted into one of conviction even as per the purported principle in Krishnanand Agnihotri's case. The 1977 case law which the High Court has relied on holds that an offence was not made out if the value of disproportionate assets was found to be less than 10 per cent of the income. This cannot be relied on here as the disproportionate assets runs into crores of rupees.

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