The Supreme Court of India (SCI) on Tuesday Feb 14,2017 convicted AIADMK general secretary V.K. Sasikala in a disproportionate assets case
A Bench of Justices Pinaki Chandra Ghose and Amitava Roy set aside the Karnataka High Court acquittal of V K Sasikala, Ilavarasi and V N Sudhakaran and restored the trial court verdict.
V K. Sasikala has been asked to surrender immediately. The quantum of punishment that had been given by the trial court was 4 years imprisonment.
Justices P.C. Ghose and Amitava Roy concur in separate verdicts that the case reflected rising corruption in society. "In my concurring verdict I express my deep concern about the escalating corruption in society," Justice Amitava Roy said.
The SCI bench, comprising of two judges – Justices P C Ghose and Amitava Roy – directed Sasikala and her two relatives V N Sudhakaran and Elavarasi to surrender forthwith to the trial court in Bengaluru and serve the remaining part of four-year jail term. The trial court had sentenced Sasikala and her two relatives to four years imprisonment with a fine of Rs 10 crore each. Jayalalithaa was sentenced to four years with a fine of Rs 100 crore.
According to the charges filed, former Tamil Nadu chief minister Jayalalithaa allegedly conspired with the co-accused Sasikala, Ilavarasi and Sudhakaran to amass assets to the tune of Rs 66.65 crore,which was disproportionate to her known sources of income. The prosecution alleged that while Jayalalithaa was the prime accused, the other three abetted the offence by acting as benami owners of 32 private firms.
The SCI Judgement today ends her high-decibel and divisive bid to be Chief Minister of Tamil Nadu - she is now barred from contesting an election for the next ten years.
Also the SCI Judgement today vindicates governor C Vidyasagar Rao’s decision to delay calling Sasikala to form the government
DA Case Verdict Pronounced in Eight Minutes Flat
The pronouncement of the much-awaited verdict in the apex court on Tuesday, which decided the fate of AIADMK General Secretary V K Sasikala in the disproportionate assests case, was completed in about eight minutes.
The Two Judges, Justices P C Ghose and Amitava Roy of the Supreme Court of India(SCI), reached the dias at 10.32 am in Court Number 6, which was jam-packed with a large number of advocates and mediapersons.
After the seal of the voluminous judgment was opened by the court staff, the two judges held discussion for a few moments.
Amid pin-drop silence, Justice Ghose, before pronouncing the judgment, said "You can understand (that it is) too much of a fatty judgment. We have taken the burden on us."
Immediately thereafter, Justice Ghose began reading the operative part of the judgment. It was over by 10.40 am.
No sooner had Justice Ghose finished with reading the judgment, the silence of the courtroom turned into hustle and bustle with scribes and some advocates rushing out to give out
the deliberation of the courtroom drama.
Amidst this scenario, Justice Roy said he was making a supplementary judgment in concurrence with Justice Ghose.
"We have expressed deep concern about escalating menace of corruption in the society," Justice Roy said.
What is the Quantum of Disproportionate Assets?
The chargesheet filed in 1997 alleged that Jayalalithaa’s assets rose from Rs 2.01 crore in 1991 to Rs 66.65 crore in 1996, while her declared source of income was Rs 1 per month during that period.
Who filed the case?
Subramanian Swamy, then head of the Janata Party, was one of the petitioners in the case.
What are the main charges in the chargesheet?
The chargesheet was filed under the Prevention of Corruption Act and mentioned Jayalalithaa, Sasikala, her nephew Sudhakaran and sister-in-law Ilavarasi. It said that they had opened shell companies under bogus names and Sasikala and her family members operated these companies. The allegation is that money was routed into these shell companies and then laundered via various means.
The chargesheet also mentions the lavish 1995 wedding of Sudhakaran, who was Jayalalithaa’s ‘foster’ son, and the purchase of properties valued at crores of rupees by Jayalalithaa.
Why was the case transferred to Karnataka?
In 2001 Jayalalithaa became chief minister of Tamil Nadu again. The DMK approached the Supreme Court in 2003 asking for the case to be transferred to Karnataka for a fair trial. The SC obliged and transferred the case to Bangalore the same year.
In 2011 Jayalalithaa deposed before the special court and answered 1,339 questions
What the Judgement Says
• All the respondents in the case were collectively involved
• The judgment and order of the Karnataka High Court is untenable and is thus set aside
• Percentage of disproportionate assets as 8.12% as computed by the high court is based on completely wrong reading of the evidence compounded by incorrect arithmetical calculations
• A1 (Jayalalithaa) to A4 (Sudhakaran) entered into a conspiracy. A1 who was a public servant at the relevant time had come into possession of assets disproportionate to the known sources of her income during the check period and had got the same dispersed in the names of A2 (Sasikala) to A4 and the firms & companies involved to hold these on her behalf with a masked front. Furthermore, the charge of abetment laid against A2 to A4 in the commission of the offence by A1 also stands proved
• The mere fact that the sole public servant (Jayalalithaa) has died will not divest the jurisdiction of the court
• As the sole public servant has died being A1 (Jayalalithaa) in this matter and the appeals against her have abated, A2 (Sasikala) to A4 (Sudhakaran) are liable to be convicted and sentenced
• The trial court correctly held in this matter that private individuals can be prosecuted on the ground that they have abetted the act of criminal misconduct falling under Section 13(1)(e) of the 1988 Act committed by the public servant
• A2 to A4 is proved, the conviction and sentence recorded against them by the trial court is restored in full
• The trial court is ordered to take immediate steps to ensure that the respondents A2 to A4 serve out the remainder of sentence awarded them and take further steps in compliance
Timeline of the Disproportionate Assets Case
June 14, 1996- Subramanian Swamy filed a case against Jayalalithaa’s acquisition of wealth
June 18, 1996- The DMK led government filed an FIR against the former chief minister
June 4, 1997- Chargesheet filed against Jayalalithaa, Sasikala, Ilavarasi and Sudhakaran
May 14, 2001- Jayalalithaa-led AIADMK was voted back to power in Tamil Nadu
February 28, 2003- A special appeal to the Supreme Court is filed by the DMK to shift the case outside Tamil Nadu for fairer proceedings
November 18, 2003- The Supreme Court directed the case to be transferred to Bangalore
March 2005- The trial started in Bangalore
September 27, 2014- The court convicted Jayalalithaa, Sasikala and the others under charges of illegal property acquisition. All of them were lodged in the Parappana Agrahara central jail in Bangalore
September 29, 2014- Jayalalithaa filed a bail plea in the Karnataka High Court
October 7, 2014- The Karnataka High Court rejected the bail plea
October 17, 2014- Supreme Court granted bail to Jayalalithaa
May 11, 2015- Karnataka High Court appealed against the acquittal of Jayalalithaa to the Supreme Court
May 23, 2016- Jayalalithaa came back to power as chief minister again
December 5, 2016- Jayalalithaa passed away
February 14, 2017- Sasikala convicted by the Supreme Court.