Sasikala does not benefit from SC order rejecting review in Jaya DA case

Jailed AIADMK interim general secretary Sasikala Natarajan cannot claim any benefit from the order of the Supreme Court which had rejected a review petition filed by Karnataka. The SC had rejected Karnataka's review which had sought to reverse the order of abatement against former Tamil Nadu chief minister Jayalalithaa. The court, while holding Jayalalithaa guilty in the disproportionate assets case had however abated the sentence and the fine of Rs 100 crore since she was dead.

Karnataka, however, said that she could not be abated since she was alive at the time the order was reserved for judgment. The SC however rejected the same, as a result of which Karnataka cannot collect the Rs 100 crore fine. But does not mean that the order holding the former CM of Tamil Nadu guilty changes.

Earlier on Thursday, BJP leader Subramanian Swamy had tweeted, "Karnataka Govt made a mistake in going for Review of JJ order in SC. Now the door has been opened for Sasikala to go free."

Legal experts say that the position taken by Swamy is not right. The review being dismissed does not give Sasikala any room to go and challenge her conviction. The SC has not said that Jayalalithaa is not guilty. It has only abated her sentence as she is dead. The court had not said that she is not guilty in the case. Karnataka's review plea was also not related to whether Jayalalithaa could be held guilty or not. It was only related to whether the fine amount could be collected or not. The SC rejecting the review only means that the fine amount cannot be collected.

The current position:

• Jayalalithaa is guilty in the DA case
• Her pictures will have to be taken down from government offices
• State cannot sanction funds for her memorial
• The fine amount of Rs 100 crore cannot be recovered
• Sasikala will serve her four-year sentence with Ilavarasi and Sudhakaran
• She and others will pay the fine of Rs 10 crore each
• If they fail to, they spend another 15 months in jail