J. Jayalalitha’s Niece Moves SC For Release Of Assets

disproportionate assets case

Former Tamil Nadu Chief Minister J. Jayalalitha’s niece, J. Deepa, has filed a petition before the Supreme Court, contesting the Karnataka High Court’s January 13 ruling, which upheld the confiscation of both movable and immovable assets in the multi-crore disproportionate assets case.

Deepa’s appeal is predicated on the Supreme Court’s 2017 decision that abated proceedings against Jayalalitha following her demise. She contends that the abatement nullifies any posthumous designation of Jayalalitha as a convict, thereby rendering the ongoing confiscation of her assets legally untenable.

In her submission, Deepa asserts that as the legally recognized heir to Jayalalitha, she has an unequivocal right to reclaim all assets previously subjected to attachment or seizure in relation to the case.

“The petitioner, being the Class-II legal heir of late Dr. J. Jayalalitha as recognized by the Madras High Court, is entitled to the properties seized in connection with the case, pursuant to the abatement of criminal proceedings against Jayalalitha,” states the petition before the Supreme Court.

Jayalalitha was initially acquitted by the Karnataka High Court on May 11, 2015; however, she passed away on December 5, 2016, preceding the Supreme Court’s final judgment on February 14, 2017. The petition underscores that, as a consequence of the Supreme Court’s ruling, the legal framework does not sustain a presumption of guilt against the deceased leader.

“The jurisprudence established by this court unequivocally states that no individual shall be divested of property absent statutory authority, and the state cannot dispossess a citizen of his or her property except in strict adherence to procedural due process,” the petition emphasizes.

Deepa further underscores that, subsequent to the Karnataka High Court’s ruling, the Special Court, on January 29, 2025, ordered the formal transfer of the confiscated properties to the Tamil Nadu government. The court instructed the Registrar of the City Civil Court, Bengaluru, to undertake the necessary administrative measures to facilitate this transfer.

Deepa has mounted a challenge against both the Karnataka High Court’s January 13 ruling and the Special Court’s January 29 directive, seeking an interim stay on their execution pending the Supreme Court’s adjudication.

This case presents profound legal implications regarding the proprietary rights of legal heirs in the context of asset attachment, particularly in instances where the primary accused is deceased and no longer available to contest the allegations.