Jayalalithaa DA case not ended after her death: Karnataka govt. appeals to SC
New Delhi, March 22: The Karnataka government on Tuesday moved the Supreme Court, looking for a review of the February 14 judgment holding that the interest in the Rs 66 crore disproportionate assets case against previous Tamil Nadu Chief Minister Jayalalithaa has abated after her death on December 5, 2016.
In its review petition, Karnataka portrayed the judgment as a “mistake on the substance of the record” which merits a relook.
It stated, “If a party dies after the finish of contentions and judgment is held, there is no doubt of abatement of appeal and that the judgment consequently articulated will have an indistinguishable drive and impact from if the same was articulated before the demise occurred.”
On February 14, the Supreme court held Sasikala, Sudhakaran and Ilavarasi liable of abetment in the DA case and sentenced them to experience four-year Imprisonment. They are currently in prison in Bengaluru. On Ms. Jayalalithaa, the Bench said the appeal has come to an end.
Attacking this decision, Karnataka stated, “There are no provisions either in the Constitution or in the Supreme Court Rules, 2013 for such abatement of appeal. Then again, the Supreme Court Rules, 2013 give that both if there should arise an occurrence of civil petitions and in addition election petitions there will be no decrease if the death happens after the conclusion of hearing.”
Karnataka contended that however the topic of A 1 (Jayalalithaa) experiencing further detainment does not emerge, sentenced to pay fine is lawfully feasible which must be recouped from the estate.
This is especially so where the offense affirmed is of unlawfully obtaining disproportionate assets. Therefore, the finding that the appeal has lessened is not right.
It stated, “A criminal interest including offenses under the Prevention of Corruption Act remains on a somewhat unique balance where the allegation is of securing of lopsided assets by a public servant. In the conditions, however, the death of the charged no 1 (Jayalalithaa) renders a sentence of detainment infructuous, the question whether any fine is obligated to be forced as likewise seizure of illicitly procured property will get by for thought.”
Karnataka asked the Supreme Court to change its February 14 judgment and reestablish the trial court decision completely against Ms Jayalalithaa.