The High Court of Karnataka on Monday dismissed a petition filed by J. Deepa and J. Deepak, niece and nephew of former Tamil Nadu Chief Minister late J. Jayalalithaa, besides being her legal heirs, claiming right over the confiscated property belonging to her in the disproportionate assets (DA) case in which she was indicted by the apex court.
Justice V. Srishananda passed the order while upholding the verdict given by the special court on July 12, 2023, rejecting their plea for releasing the confiscated assets in their favour.
Continuing process
The High Court’s order now paves way for the special court to continue the process of transfer of assets to Tamil Nadu government that was halted owing to the stay granted by the High Court in March 2024.
It was contended on behalf of the legal heirs that the special court failed to appreciate the fact that the proceedings against Jayalalithaa were abated before the apex court, and hence, she has to be treated as ‘acquitted’ in the case as the order passed by the High Court of Karnataka acquitting her in the case was in operation at the time of her death. The question of confiscation of assets does not arise as Jayalalithaa was abated by the apex court.
However, Justice Srishananda held that even after holding proceedings against Jayalalithaa stood abated in view of her death, the apex court had made it clear that conviction and sentence recorded against all the accused by the special court is restored in full, including the consequential directions. This means that the apex court had upheld confiscation of all the assets, the High Court said.
Claim rejected
The High Court also rejected the legal heirs’ claim that some of the confiscated assets of Jayalalalithaa were prior to the period during which the crime was committed, while pointing out that she had not indicated which are those assets.
However, the High Court gave liberty to the legal heirs to point out the assets, purchased by Jayalalithaa prior to check-period, along with proof, and submit before the special court for consideration as per law. The legal heirs would be entitled for the value of such assets even if they are auctioned by the authorities, the High Court said.
Published – January 13, 2025 08:41 pm IST