The Karnataka high court in its order on Monday said that AIADMK supremo J Jayalalithaa is entitled to an acquittal as the disproportionate assets held by her was less than 10% of her income as permissible by the Supreme Court.
Justice CR Kumaraswamy, in his 919-page order, declined to accept the case of the prosecution saying that it had mixed up assets of the accused, firms and companies and also added the cost of construction ie Rs 27,79,88,945 and marriage expenses at Rs 6,45,04,222 and valued the assets at Rs 66,44,73,573.
"If we remove the exaggerated value of cost of construction and marriage expenses, the assets will work out at Rs. 37,59,02,466. The total income of the accused, firms and companies is Rs. 34,76,65,654. Lack of proportion amount is Rs. 2,82,36,812. The percentage of disproportionate assets is 8.12%," Kumaraswamy said in his judgment.
"It is relatively small. In the instant case, the disproportionate asset is less than 10% and it is within the permissible limit. Therefore, accused are entitled for acquittal," said the judgment.
The total assets according to the calculation is Rs 37,59,02,466 against the Rs 66,44,73,573 derived by the directorate of vigilance and anti-corruption. And the total income of the accused and others was Rs 34,76,65,654.
Citing the apex court's verdict in Krishnanand Agnihotri's case, the HC said when there are disproportionate assets to the extent of 10%, the accused are entitled for an acquittal. The HC also took note of a circular issued by the government of Andhra Pradesh that disproportionate asset to the extent of 20% can also be considered as a permissible limit.
Based on Krishnanand Agnihotri's case and AP government's circular, justice Kumaraswamy came to the conclusion that disproportionate assets within 10% to 20% has been taken as a permissible limit in DA cases.
Jayalalithaa had appealed against her conviction in the Rs 66.64-crore disproportionate assets case by the special court judge Michael D'Cunha, who had sentenced her to 4 years in prison and slapped a fine of Rs 100 crore.
The AIADMK chief, along with aides N Sasikala, VN Sudhakaran and J Elavarasi, was held guilty of holding unaccounted for income during her tenure as chief minister from 1991-96 by the trial court. Her close aide Sasikala and Sasikala's relatives Sudhakaran and Elavarasi were fined Rs 10 crore each.
Source: Hindustan Times
