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A day after former Tamil Nadu Chief Minister J Jayalalithaa got acquitted from a disproportionate asset case, it is now revealed that there were ‘arithmetical mistakes’ in the order issued by Karnataka High Court Justice C R Kumaraswamy.
According to Dravida Munnetra Kazhagam (DMK) chief M Karunanidhi, an amount of Rs 13.5 crore was erroneously added to the income, whose sum was used to calculate the percentage of disproportionate assets at Rs 2.82 crore.
According to page 852 of the order (Click here for the full judgement), the loan borrowed by the accused including J Jayalalithaa was totalled as Rs 24,17,31,274 (Rs 24.17 crore), while a calculation of the break-up equals only to Rs 10.66 crore. Karunanidhi has alleged it is based on the ‘erroneous calculation’ of Rs 24.17 crore that the judge has ruled that the calculation of Rs 66 crore as wrong.
S Ramadoss, leader of Pattali Makkal Katchi, too, alleged that the calculation in the order was wrong and that the actual calculation would show the assets were 75 per cent more than the income from the declared sources. He asked the Karnataka government to immediately appeal in the apex court pointing out the errors.
The Opposition said of the Rs 10.66 crore, around Rs 6 crore has to be deducted, as the income assessed by the investigative agency, which leaves the actual loan amount at Rs 4.66 crore. The order has also reduced the expenditure indicated by the investigative agency, without reasons, said Karunanidhi.
Subramaniam Swamy, Bharatiya Janata Party leader from Tamil Nadu, also alleged that the judgment was a “tragedy of arithmetic errors”, which would be pointed out when he approaches the Supreme Court with an appeal.
The Karnataka High Court had found that the quantum of disproportionate assets in Jayalalithaa's case was a mere Rs 2.82 crore instead of Rs 66.44 crore as had been alleged. The high court, which acquitted Jayalalithaa and others in the case on Monday, said the disproportionate assets in the case were within permissible limits.
According to judge Kumaraswamy's 919-page common order, the prosecution has mixed up assets of the accused, firms and companies and added the cost of construction and marriage expenses - Rs 27.79 crore and Rs 6.45 crore, respectively - and valued the total assets at Rs 66.44 crore.
“If we remove the exaggerated value of cost of construction and marriage expenses, the assets will work out at Rs 37,59,02,466 (Rs 37.59 crore),” noted the order.
The total income of the accused is Rs 34.76 crore, while the lack of proposition amount is Rs 2.82 crore.
“The percentage of disproportionate assets is 8.12 per cent. It is relatively small. In the instant case, the disproportionate asset is less than 10 per cent and it is within permissible limit. Therefore, Accused are entitled for acquittal,” said the judgment
While the Directorate of Vigilance & Anti-Corruption (DV&AC) calculated the cost of construction at Rs 27.79 crore, the court said it was actually Rs 5.11 crore; marriage expenses according to the investigation agency are Rs 6.45 crore, but the court found them to be only Rs 28 lakh.
The total assets, according to the calculation, was Rs 37.59 crore, against Rs 66.44 crore alleged by the DV&AC.
The total income of Jayalalithaa and the other accused was Rs 34.76 crore.
This yields a total of only Rs 2.82 crore in disproportionate assets, or about 8.12 per cent in percentage terms, the High Court order said.
