Bengaluru Court Dismisses Plea By Jayalalithaa's Niece For Custody Of Seized Assets, Says All Properties Were Acquired By 'Illegal Means'

A special court in Bengaluru has dismissed the application filed by the nephew and niece of former Tamil Nadu Chief Minister J Jayalalithaa, seeking to release her property/assets seized by the authorities in the disproportionate assets case registered against her in 2004, in their favour.

Additional City Civil and Session Court Judge HA Mohan dismissed the application filed by J Deepak and J Deepa and said,

“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 had claimed since Jayalalitha had died before pronouncement of judgment by the Supreme Court, she was not having stigma of conviction. They contended that order of abatement is nothing but clean chit to her with regard to all the charges framed in the case. Thus, they being the legal heirs are entitled to get all the properties, it was submitted.

The court referred to the order of the Supreme Court and said, “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.”

Court said even though petitioners have been declared as legal heirs to succeed the estate of Jayalalithaa, but under the facts and circumstances of the case it is not possible to hold that they are entitled to get the seized properties.

Court also noted there is no segregation with regard to the properties held by Jayalalithaa and the other accused persons.

"The categorical finding given while passing the judgment is to the effect that all the Accused No.1 to 4 colluded together and created namesake Companies and invested the ill-gotten money and acquired disproportionate assets. When this Court and Hon'ble Supreme Court have clearly held that the properties were acquired by adopting most illegal methods and acquired the disproportionate assets, just because the case against Accused No.1 has been concluded in abatement, before pronouncing the final judgment by the Hon'ble Supreme Court, the illegal properties acquired by Accused No.1 to 4 jointly by adopting most illegal methods cannot be released in favour of legal heirs of deceased Accused,” it held.

The Supreme Court had in 2017, convicted AIADMK general secretary Sasikala in the disproportionate assets case registered in 2004. The court upheld the trial court order and set aside the Karnataka High Court judgment which had acquitted Jayalalitha and Sasikala and others accused in the case.