A special court in Bengaluru has dismissed a plea filed by J Deepak and J Deepa, the nephew and niece of former Tamil Nadu Chief Minister J Jayalalithaa.
The plea sought for the release of Jayalalithaa properties and assets that were seized by authorities in the 2004 disproportionate assets case.
Additional City Civil and Sessions Court Judge HA Mohan dismissed their application and stated,
“All the properties were acquired by illegal means and accordingly, ordered to be confiscated. Therefore, the properties shall go to the Government only and not in favour of the petitioners.”
The applicants argued that since Jayalalitha passed away before the Supreme Court’s judgment, she did not carry the stigma of conviction.
They contended that the order of abatement cleared her of all charges in the case, and as her legal heirs, they should be entitled to her properties.
However, the court referred to the Supreme Court’s order and stated, “The words incorporated by the Hon’ble Supreme Court in Page No.563 to the effect that the conviction and sentence recorded against Accused No.2 to 4 (N.Sasikala, J.Elavarasi and V. N. Sudhakaran) by the trial court is restored in full including the consequential directions, indicates that the Supreme Court has ordered to abate the case against the Accused No.1 only with regard to the punishment portion and not with regard to the order of confiscation with respect to the properties seized and attached.”
It added “This court cannot give a different meaning contrary to the opinion given by the Hon’ble Supreme Court while deciding the appeals. Because this court has no jurisdiction to make any interpretation to the benefit of the legal heirs of deceased accused no 1, in the light of the observation made by the Supreme Court.”
The bench observed that although the petitioners have been declared as legal heirs to inherit Jayalalithaa’s estate, the circumstances of the case do not warrant their entitlement to the seized properties. The court also noted that there is no differentiation between the properties held by Jayalalithaa and those held by the other accused individuals.
In 2017, the Supreme Court convicted AIADMK general secretary Sasikala in the disproportionate assets case that was registered in 2004. The court upheld the trial court’s decision and overturned the judgment of the Karnataka High Court, which had acquitted Jayalalithaa, Sasikala, and other co-accused in the case.
