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Lakshmi Subramanian
Lakshmi Subramanian

CHENNAI

Dissecting the Supreme Court judgement in DA case against Sasikala

PTI2_14_2017_000129b Media person at Supreme Court of India during a Verdict on the disproportionate assets case in which AIADMK general secretary VK Sasikala, in New Delhi on Tuesday | PTI

While convicting AIADMK general secretary V.K.Sasikala, the Supreme Court termed the companies floated in the name of Jayalalithaa’s aides as a front to amass wealth. Simultaneously, it rejected their claims of having independent sources of income in the two decade old disproportionate assets (DA) case. The apex court on Tuesday dismissed the order for acquittal by the Karnataka High Court and sentenced all the three accused to four years imprisonment. With this, the court has convicted Jayalalithaa, Sasikala, her nephew V.N.Sudhakaran and her sister in law J.Elavarasi.

In its order, the Supreme Court termed the judgment of the high court as 'untenable'. It said that the percentage (8.12) of disproportionate assets as calculated by the High Court was wrong and also that the percentage was irrelevant once the assets were established as disproportionate. The court comprising of Justice Pinaki Chandra Ghose and Amitava Roy concluded that Jayalalithaa had entered into a criminal conspiracy with her aides Sasikala, Sudhakaran and Elavarasi to amass assets disproportionate to her known sources of income when she was holding a public office.

The court termed the companies floated in the name of Jayalalithaa’s aides as a front to amass wealth. It also said that "the flow of money from one account to the other proves that there existed active conspiracy to launder the ill-gotten wealth of Jayalalithaa for purchasing properties in the name of the firms".

The court noted that executing the general power of attorney by Jayalalithaa in favour of Sasikala with respect to Jaya Publications was a part of criminal conspiracy, “knowing fully well that under the said powers, Sasikala would be dealing with her funds credited to her account in Jaya Publications”.

The court rejected the claims of Jayalalithaa’s aides of having independent sources of income and noted that "constitution of firms and acquisition of large tracts of land out of the funds provided by Jayalalithaa indicate that all the accused congregated in the house of Jayalalithaa pursuant to the criminal conspiracy hatched by them to hold the assets of Jayalalithaa".

"Charge framed against Sasikala, Sudhakaran and Elavarasi is proved, the conviction and sentence recorded against them by the trial court is restored in full, including the consequential directions," the bench of justices Pinaki Chandra Ghose and Amitava Roy said.

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