DA Case: Supreme Court Junks Plea By Jayalalithaa Heir To Return Confiscated Assets

disproportionate assets case

The Supreme Court has dismissed a petition filed by the legal heir of former Tamil Nadu Chief Minister J. Jayalalithaa, seeking the restitution of properties confiscated in connection with the disproportionate assets (DA) case.

The court reiterated that the abatement of legal proceedings following her demise does not equate to exoneration.

A bench comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma cited its 2017 ruling in State of Karnataka v. J. Jayalalithaa, wherein proceedings against Jayalalithaa were abated due to her death during the appeal process. The bench elucidated, “The cessation of proceedings indicates that further adjudication on the High Court’s judgment acquitting the primary accused will not proceed. However, such abatement does not confer finality upon the High Court’s ruling.”

The petition, initiated by Jayalalithaa’s niece, contested the confiscation of her properties; however, on January 29, a special CBI court ordered their transfer to the Tamil Nadu government, reinforcing the judicial position that abatement does not negate prior determinations of legal liability.

This ruling aligns with the Karnataka High Court’s January 13 decision, which dismissed a petition filed by Jayalalithaa’s niece and nephew, J. Deepa and J. Deepak.

The court upheld the validity of asset confiscation, emphasizing that the Supreme Court had already affirmed the special court’s conviction of Jayalalithaa’s co-accused, thereby sustaining the legitimacy of the asset seizure.

Jayalalithaa had been found guilty of amassing wealth disproportionate to her legitimate sources of income. Despite her demise in 2016, the Supreme Court maintained that the confiscation of her properties remained enforceable, given that judicial findings regarding her culpability had been established prior to her passing.

The Tamil Nadu government has since assumed control over key assets, including Veda Nilayam—Jayalalithaa’s iconic residence in Poes Garden, Chennai—along with extensive land holdings, estates, bank deposits, gold jewelry, and other financial assets accumulated between July 1, 1991, and April 30, 1996.

The High Court has granted Jayalalithaa’s heirs an opportunity to present documentary evidence substantiating claims that specific assets were acquired prior to the check period. If such claims are verified, compensation corresponding to the assessed value of those assets may be granted, even in cases where the properties have been auctioned.