Can Rs 100 crore be recovered from Jayalalithaa? Karnataka to seek clarification in SC

The Supreme Court had said in its judgment in the disproportionate assets case that the verdict against former Tamil Nadu chief minister Jayalalithaa stands abated. This came into being since she was deceased at the time of the order being passed. Effectively, this order would mean that the Rs 100 crore fine that was imposed on her by the trial court cannot be recovered.

Karnataka is likely to seek a clarification in the Supreme Court on this point. "There is some confusion on this point," said a source. As per the rules of the Supreme Court, the case against a person can be abated only if the person has died in the argument stage.
The rule states that in case the person has died after the arguments are completed and the order reserved, then an abatement is not possible. Jaya was alive when the arguments had concluded. This would mean that the case against her could not have been abated as per SC rules.

Sources say that a clarification is needed on this point and only then it a decision on whether to recover the Rs 100 crore fine can be taken. The Karnataka government is in the process of setting up a committee to recover the fine amount. The source said that they have identified the members, but the official announcement on whether to set it up or not will be taken only after the clarification is sought from the SC.

The SC in its order had said that the verdict of the trial court with regard to accused number 2 to 4, Sasikala Natarajan, Ilavarasi and Sudhakaran is confirmed.

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