LawChakra

J Jayalalithaa’s Niece Moves Supreme Court to Get Back Confiscated Properties

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In September 2014, a trial court convicted Jayalalithaa under the Prevention of Corruption Act. She was sentenced to four years in prison and fined Rs. 100 crores. However, in 2015, the Karnataka High Court overturned this conviction and acquitted her.

NEW DELHI: J Deepa, the niece of former Tamil Nadu Chief Minister J Jayalalithaa, has approached the Supreme Court, asking for the return of her late aunt’s confiscated properties. She has filed a Special Leave Petition (SLP) challenging a Karnataka High Court order that refused to release Jayalalithaa’s assets to her.

J Deepa argues that since the criminal case against Jayalalithaa was closed after her death in December 2016, the properties seized during the case proceedings should now be released.

In September 2014, a trial court convicted Jayalalithaa under the Prevention of Corruption Act. She was sentenced to four years in prison and fined Rs. 100 crores. However, in 2015, the Karnataka High Court overturned this conviction and acquitted her.

While the Karnataka government appealed against the acquittal in the Supreme Court, Jayalalithaa passed away in December 2016. In February 2017, the Supreme Court ruled that the appeal against Jayalalithaa was no longer valid due to her death. However, it upheld the conviction of the other accused in the case.

J Deepa has stated in her petition “Therefore, in respect of Dr. J. Jayalalitha who was arrayed as A1, the Criminal Appeal stood abated and the direction of the Ld. Special Court towards confiscation/forfeiture of the attached property in SPL C.C No. 208 of 2004 is limited only to A2 to A4 and it is not applicable to Dr. J. Jayalalitha.”

She also pointed out that the Madras High Court had legally recognized her and her brother as Jayalalithaa’s legal heirs and had granted them letters of administration over their aunt’s properties.

The Karnataka High Court dismissed J Deepa’s plea, stating that the Supreme Court had already ruled on the issue and that the confiscation order applied to Jayalalithaa’s legal representatives as well.

The High Court noted “The apex court in its order in para no 536 took into consideration the development taken place that is the death of A1 was cautious enough in observing that there is peremptory termination of criminal proceedings as regards A1 is concerned. Despite considering the said aspect in para 536 of the order and in para 542, it has been specifically held that the trial court order is restored in full including consequential directions.”

J Deepa’s petition to the Supreme Court has been drafted by advocate Dr. M. Sathya Kumar. Now, the Supreme Court will decide whether the confiscated properties of Jayalalithaa should be returned to her legal heirs or not.

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