New Delhi, Feb 14 (IANS): The Supreme Court on Friday dismissed a petition filed by the niece of late Tamil Nadu Chief Minister J. Jayalalithaa seeking release of the latter's properties seized by the authorities in connection with a disproportionate assets case of 2004.
A bench of Justices B.V. Nagarathna and S.C. Sharma refused to interfere with the Karnataka High Court judgment which had earlier dismissed J. Deepa’s plea.
“In the event of prosecuting agency further proceeding with confiscation proceedings in auctioning the properties, which may contain the assets which were possessed and seized by the prosecuting agency prior to check period, if established by the appellants by process known to law, appellants would be entitled to the value thereof,” said a bench of Justice V Srishananda of the Karnataka HC.
Before this, dismissing the petition, filed by J. Deepak and J. Deepa, Additional City Civil and Sessions judge H.A. Mohan held that “all 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 petitioners”.
The petitioners maintained that Jayalalithaa had died before the judgment by the Supreme Court and argued that the order of the abatement is clean chit to her in connection with the case.
The petitioners submitted that they were legal heirs, entitled to get the properties. However, the court noted that the Supreme Court has ordered to abate the case against accused only in connection with the punishment portion and not with the order of confiscation of properties.
Though the applicants are named as legal heirs to succeed the property of the estate of Jayalalithaa, under the facts and circumstances they are not entitled to get the property under seizure, it said.
The Supreme Court had convicted then AIADMK General Secretary and her aide Sasikala Natarajan, also known as V.K. Sasikala in 2017, in connection with the disproportionate assets case lodged in 2004.
The judgment quashed the Karnataka High Court’s order in which Jayalalitha and Sasikala were acquitted. On September 27, 2014, a special court in Bengaluru sentenced Jayalalithaa to four years' imprisonment and imposed a fine of Rs 100 crore.
She passed away in 2016.