Jayalalithaa Not To Be Declared A Convict In Corruption Case: SC Rejects K’taka Govt Plea
April 05, 2017 18:46
The Supreme Court (SC), today, has dismissed the Karnataka Government’s plea, to declare late Tamil Nadu Chief Minister, Jayalalithaa a convict, in the disproportionate assets (DA) case.
The Karnataka Government, last month, had moved the Supreme Court, seeking a review of its February 14 verdict, that did not impose any role of Jayalalithaa in the DA case.
The appeal in the Rs 66 crore DA case, has abated after her death on December 5, 2016.
Further, the Karnataka Government, in its review petition, had described the judgement as an “error on the face of the record,” which merits a relook.
The petition said, “If a party dies, after the conclusion of arguments and judgement is reserved, there would be no question of abatement of appeal and that the judgement subsequently pronounced will have the same effect and force, as if the same was pronounced before the death took place.”
The apex court, on February 14, convicted Sasikala, Sasikala’s nephew Sudhakaran and sister-in-law Ilavarasi guilty of abetment in the DA case, and imposed a four-year imprisonment. However, they are now in jail in Bengaluru. The Bench said, the appeal has come to an end on Jayalalithaa.
Karnataka, assailing this ruling, had said, “there are no provisions either in the Constitution, or in the Supreme Court rules, 2013 for such abatement of appeal.
On the other hand, the Supreme Court Rules, 2013, provide that there will be no abatement, both in case of civil, as well as election petitions, if the death takes place after conclusion of hearing.
Furthermore, the Karnataka Government, had argued that, sentence to pay fine is legally sustainable, which has to be recovered from, Jayalalithaa’s estate.
The plea said that the abatement of proceedings was erroneous, as there is no provision either in the Constitution or the SC rules for it.
Karnataka had urged the SC to change its February 14 judgment and restore the trial court verdict in its whole, against Jayalalithaa.
By Supraja