Confusion prevails over whether the state of Karnataka can order the auction of assets belonging to Jayalalithaa to recover the Rs 100 crore fine. As the current order of the Supreme Court stands, the disproportionate assets case against Jayalalithaa stands abated since she is deceased.
OneIndia caught up Sundar Pichamuthu, who was the court officer at the trial court in Bengaluru right from the first day till the case ended in a conviction in 2014.
Pichamuthu says that there is confusion over whether the Rs 100 crore can be recovered since the case has been abated by the Supreme Court. However, in case there is a recovery proceeding, all assets acquired or purchased during the check period of 1991 and 1996 are liable to be auctioned, he also says.
He says that the first two floors of the Poes Gardenrecidence would not be touched. But two floors were added to the residence. The additional construction is liable to be taken over to recover the fine. Pichamuthu says that the grape garden and house at Hyderabad and a residence at Secundarabad will not be recovered as they were purchased before 1991. He says that everything that was acquired between 1991 and 1996 can be confiscated as they were acquired during the check period.
Pichamuthu says that jewellery, silver and vehicles acquired during the check period can be sold off to recover the fine amount. Properties in Tirunelvelli, Kancheepuram and Thanjavur can be confiscated by the government. It would be Karnataka's duty to constitute a team to look into these aspects. This team would direct the jurisdictional magistrate where the properties are situated to auction them and recover the amount.
Sasikala, Ilavarasi and Sudhakaran, who are serving their sentence will also have to pay a fine of Rs 10 crore each. They will pay the amount to the court and the source of the income has to be explained, Pichamuthu concludes.