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The Karnataka High Court has found that the quantum of disproportionate assets in J Jayalalithaa's case was a mere Rs 2.82 crore instead of Rs 66.44 crore, as had been alleged in the case. The High Court, which earlier today acquitted Jayalalithaa and others in the case, said the disproportionate assets in the case were within permissible limits.
According to Justice C R Kumaraswamy's 919 page common order, the prosecution has mixed up assets of accused, firms and companies and also added the cost of construction i.e., Rs 27.79 crore and marriage expenses at Rs 6.45 crore, 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),” the statement noted.
The total income of accused, firms and companies 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.”
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While the Directorate of Vigilance & Anti-Corruption (DV&AC) calculated the cost of construction at Rs 27.79 crore as per the records, the court said it is actually Rs 5.11 crore; marriage expenses as per the investigation agency are Rs 6.45 crore the court found it was only Rs 28 lakh.
The total assets according to the calculation was actually Rs 37.59 crore, as against Rs 66.44 alleged by the DV&AC.
The total income of Jayalalithaa and the other accused was Rs 34.76 crore.
Thus, the total assets work out to Rs 37. 59 crore while the total income was Rs 34.76. This yields a total of only Rs 2.82 crore in disproportionate assets, or about 8.12% in percentage terms.
The Court observed that it is well-settled law, citing Krishnanand Agnihotri case, that when there is disproportionate assets to the extent of 10%, the accused are entitled to acquittal. Moreover, a circular has been issued by the Government of Andhra Pradesh that disproportionate assets to the extent of 20% can also be considered as a permissible limit.
The margin of 10-20% of the disproportionate assets has been taken as a permissible limit, taking into the consideration the inflationary measures.
“....The Judgment of Conviction and Sentence Passed in Spl.C.C.No.208 of 2004, dated 27.9.2014, on the file of the 36th Additional City Civil & Sessions Judge (Spl.Court for Trial of Criminal Cases against Kum. Jayalalithaa & Others), Bengalaru, is hereby set-aside. Appellants-Accused Nos.1 to 4 are acquitted of all the charges leveled against them. The Bail bonds of A-1 to A-4 are discharged. The Appeals in Criminal Appeal Nos.17/2015, 18/2015, 20/,2015, 21/2015 and 22/2015 are allowed in Part.”
“Order of the Trial Court relating to confiscation of the properties both movable and immovable, is hereby set aside,” Justice Kumaraswamy noted.
