Former Tamil Nadu Chief Minister late J Jayalalithaa.
Credit: PTI File Photo
Bengaluru: The Karnataka High Court on Monday dismissed a criminal appeal filed by J Deepak and J Deepa -- the legal heirs of former Chief Minister of Tamil Nadu J Jayalalithaa after they sought directions to release the assets seized by the authorities in the multi-crore disproportionate assets case.
It was contended that Jayalalithaa was acquitted by the Karnataka high court in the case and she died when the appeal was pending before the Apex Court. The legal heirs submitted that the appeal filed by the state government thus stood abated and Jayalalithaa cannot be considered as a convict.
On July 12, 2023, the trial court in Bengaluru had dismissed their application filed under CrPC section 452. Moving the appeal before the high court, they argued that many of the assets seized belonged to the pre-check period (1991-1996) of the disproportionate assets case and they cannot be attached.
Justice V Srishananda noted that the Apex Court had set aside the acquittal order passed by the Karnataka high court with a clear finding that the order of confiscation and other directions has to be adhered to by all concerned, including the legal representatives of deceased J Jayalalithaa.
Justice Srishananda said that further interpretation of the Apex Court in the appeal proceedings is impermissible since the top court said that the trial court order is restored in full including consequential directions, even though Jayalalithaa died during the pendency of the appeal.
On the contention over assets pertaining to the pre-check period, the court said that the legal heirs have not placed before the trial court the details of seized assets acquired before the check period.
The court said it cannot pass any orders stating that the assets seized by the prosecution prior to the check period can be excluded from the confiscation in the absence of any proper pleading and proof. However, the court said it is always open to the legal representatives to place such pleadings and proof and if any such proof is placed on record, the trial court is bound to consider the same in accordance with law.
Advice on charity
After dictating the order, Justice Srishananda orally suggested the legal representatives to consider starting a foundation in Jayalalithaa’s name and do charity work for the benefit of the poor and needy.