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DA verdict: Case against Jayalalithaa 'abated' but she stands ‘guilty’

Since Jayalalithaa is dead, the court did not declare her a convict.

India TV Politics Desk, New Delhi [ Updated: February 14, 2017 17:08 IST ]
Sasikala and two others convicted, case against
Sasikala and two others convicted, case against Jayalalithaa 'abated' Photo:PTI

Just over two months ago, the nation was in mourning over the loss of J Jayalalithaa, the then Chief Minister of Tamil Nadu who was loved by her people and respected by political opponents. 

At the time of her death on December 5, 2016, a verdict on Karnataka government's appeal seeking stay of the Karnataka High Court judgement acquitting Jayalalithaa and three others in a disproportionate assets case was sealed.  

The verdict had been reserved by the Supreme Court on June 7, 2016 and was pronounced today.  

Amma, as she was called by the people of her state and many others, died a convict, guilty of corruption, and holding disproportionate assets. 

Also Read: SC convicts Sasikala in corruption case, CM hopes dashed: Chronology of events

Since she is dead, the court did not declare her a convict, but by abating the case against her and holding the others guilty, the SC has effectively pronounced her guilty. 

The verdict was read out by Justices Pinaki Chandra Bose and Amitava Roy of the Supreme Court.  

Here is what the Supreme Court said about Jaya in its 570-page judgement: 

1- While pronouncing the verdict today, Justice PC Ghose said that while the trial court order against A2, A3 and A4 (Sasikala, Ilavarasi and Sudhakaran) is restored - effectively holding them guilty and imposing the Rs 10 crore fine on them - he stated that the case against Jayalalithaa had 'abated'. 

2- Jayalalithaa, Sasikala and two others (VN Sudhakaran (Sasikala's nephew), and Ilavarasi, (Sasikala's sister-in-law) entered into conspiracy and in furtherance of the same, Jayalalithaa being a public servant came into possession of disproportionate assets to the known source of income and distributed to Sasikala and two others. 

3- The firms and companies were operative from the residence of Jayalalithaa and it can't be accepted that she was unaware of the same even though she feigned ignorance of activities carried on by Sasikala and the other accused. 

3- The inflow of funds from Jayalalithaa's account to Sasikala account proves collective involvement of the four accused. 

4- The circumstances in which Jayalalithaa issued a General Power of Attorney in favour of Sasikala relating to Jaya Publications, showed that she wished to make herself secure from the funds moving through the company. 

5- The facts and circumstances "undoubtedly point out that Sasikala (and other accused) were accommodated in the house of Jayalalithaa pursuant to the criminal conspiracy hatched by them" to grab the former chief minister's wealth. 

6- Sasikala, Sudhakaran and Ilavarasi had actively participated in the conspiracy to launder the ill-gotten wealth of Jayalalithaa for personal gains (and) purchasing properties. 

7- All the accused purchased properties less than market value by forcing the sellers... registration of these properties was done at Jayalalithaa's residence where officials executed the sale deed in violation of rules. 

8- The ignorance of Jayalalithaa that 12 shell companies operated from her Poes Garden residence can't be accepted. 

9- Sasikala stayed with Jayalalithaa to acquire Jayalalithaa's assets. 

10- The fact that Sasikala and two others did combine to constitute the firms to acquire huge lands from the funds provided by Jayalalithaa was a clear index that their assemblage in Poes Garden (Jayalalithaa's house) was not for any philanthropic urge for friends, but in furtherance of criminal conspiracy to hold assets of Jayalalithaa.

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