Check if HC erred in computing Jaya's assets, State urges SC

The State government on Tuesday urged the Supreme Court to determine if the High Court committed a mistake in computing assets of Tamil Nadu Chief Minister J Jayalalitha as Rs 10.67 lakh against Rs 24.17 lakh claimed by the prosecution, leading to her acquittal, along with three others, in the disproportionate assets case.

In a written note, the State government claimed that the apex court has to ascertain if the appeals filed by her and others against their conviction were maintainable for not joining of the sole prosecution agency. Following the order by the apex court on January 8, the State government - through its counsel Joseph Aristotle - submitted its points for determination in hearing of its special leave petition challenging acquittal of the AIADMK chief and three others. The court will hold day-to-day hearing from February 2 in the case.

It said, the apex court has to adjudicate, “whether the vague finding of the HC on May 11 last that assets acquired by the companies/firms are not part of the assets acquired by the accused are contradictory and contrary to the positive evidence on record.”

Among others, it said the apex court is also to consider if the judgement of the HC was vitiated as a duly appointed public prosecutor was never given opportunity of oral hearing and only one day's time was given for written submission, thus violating the principles of natural justice.

Even by taking the items and value considered by the HC, the percentage of the disproportionate assets of the accused should have to be held at 34.5 per cent and not 8.12 per cent, the note claimed.

Lawful income
The SC is also to consider “whether the HC erred in reckoning a sum of Rs 1,50,00,000 as a lawful income by way of gift, while the CBI has in the charge sheet treated it as illegal gratification, regarding which the matter is pending before the apex court,” it said.

In computing value of immovable properties purchased, the HC erred in considering only 97 sale deeds instead of 146 considered by the trial court in its judgement on September 27, 2014. Likewise, in fixing the sale consideration, the HC again erred by treating at Rs 6.24 lakh, while even the accused claimed it was at Rs 16.19 lakh. Similarly, the HC considered the income from Jaya Publication at Rs 4 crore as against the claim by the accused as Rs 1.15 crore only.