Setback for Sasikala as SC restores conviction in disproportionate assets case

IANS
Tuesday, February 14, 2017

In a major setback for AIADMK General Secretary V.K. Sasikala, who was aspiring to be the Tamil Nadu Chief Minister, the Supreme Court on Tuesday restored her conviction and four year jail sentence in a disproportionate assets case.

Restoring the September 27, 2014 judgment of the trial court convicting and sentencing her and her two relatives - V.N. Sudhakaran and J. Elavarasi, a bench of Justice Pinaki Chandra Ghose and Justice Amitava Roy set aside the May 11, 2015 Karnataka High Court order acquitting the three and late Tamil Nadu Chief Minister J. Jayalalithaa.

The immediate fallout of the top court verdict is that Sasikala is out of the electoral field for 10 years - four years in incarceration and six years of disqualification under the Representation of Peoples Act after her release.

Restoring the conviction and sentencing by the trial court in "full including the consequential directions", the bench ordered the trial court to take" immediate steps to ensure" that Sasikala, Sudhakaran and Elavarasi "serve out the remainder of sentence awarded them and take further steps in compliance of this judgment..."

The court said that the three would surrender before the trial court "forthwith".

Speaking for the bench, Justice Ghose commended the trial court for being "meticulous, sensitive, vigilant and judicious in appraisal ..." and that "we are of the unhesitant opinion" that the High Court judgment and order "suffers from manifest errors on the face of the record, both on facts and in law and is liable to be set-aside".

Justice Roy, in a concurring judgment, expressed deep concern over the "escalating menace of corruption in society".

The court said that every transaction that was taking place was in the know of each one of them living under the same address.

"The unimpeded, frequent and spontaneous inflow of funds" from the account of Jayalalithaa to those of the "other co-accused and the firms/companies involved, overwhelmingly demonstrate" their "collective culpable involvement" in the transactions ... "the same to be masked banking exchanges though involving several accounts but mostly of the same bank", the court said.

It rejecting the argument that trial suffered from "unfairness and non-transparency".

"True that in course of the investigation, some documents had been seized which were not adduced in evidence being construed to be irrelevant for substantiating the charge, but it did not certainly tantamount to suppression thereof so as to afflict the trial with the vice of unfairness and non-transparency as alleged," the court said.

It also rejected the "off repeated grievance" of the accused that the trial court had left out of consideration material pieces of evidence brought by it, saying "suffice it to state that the decision rendered by it proclaim to the contrary".

"In all the aspects amongst others income, expenditure and assets, the judgment of the trial court reveals on a plain reading that the evidence adduced by the defence as construed to be relevant had not only been taken note of but also analysed and applied for arriving at the conclusions on the issues pertaining to the adjudication," it said in its judgment.

Upholding the trial court directing confiscation of the movable and immovable assets of the accused, as well of properties of six companies owned by the accused, to recover the fine imposed on them, the top court: "In our comprehension, the course adopted by the trial court cannot be faulted with."

"We are of the opinion that the order of confiscation/forfeiture of the properties standing in the name of six companies, as involved, made by the trial court is unexceptionable."

The top court verdict came on an appeal of the Karnataka government that had challenged the state High Court verdict acquitting Jayalalithaa, Sasikala and the two in the case relating to amassing disproportionate assets to the tune of Rs 66.65 crore during Jayalalithaa's first term as Chief Minister (1991-1996).


Express your comment on this article

Submit your comments...
     
Disclaimer: The views expressed here are strictly personal and IndiansinKuwait.com does not hold any responsibility on them. We shall endeavour to upload/publish as many of the comments that are submitted as possible within a reasonable span of time, but we do not guarantee that all comments that are submitted will be uploaded/published. Messages that harass, abuse or threaten other members; have obscene, unlawful, defamatory, libellous, hateful, or otherwise objectionable content; or have spam, commercial or advertising content or links are liable to be removed by the editors. We also reserve the right to edit the comments that do get published. Please do not post any private information unless you want it to be available publicly.
Image

Creating History in Quality Construction, Dr. Abdul Razzak Rumane

Dr. Abdul Razzak Rumane, a Registered Senior Consultant (RSC) with The Chartered Quality Institute

Image

We chose happiness and compassion; we chose life

It is a widely accepted fact that the ultimate aim of anyone in this world is to attain the state o

Image

Just Imagine

I had the flu. I had never felt so alone. I missed my family. Shivering, I huddled deeper inside th

Image

A Satvik Restaurant in Kuwait

“A recipe has no Soul; You as the Cook must bring soul to the recipe” -Thomas Keller Yes, you ha

Image

Together we grew…We share the values…

A lady brimming with positive vibrations, she spreads love, joy and a passion for life around her.

Image

Redefining Lifestyles…… the Indian Way

There could not have been a name more apt than Harmony House, for the place that it is. Rabindr

Image

Open letter to class XII students Some tips on how to live a successful life By Dr. Anis Ahmad

My Dear Students, You are at the threshold of a new beginning. You are going to be an adult. S

Image

Chatting with Chaitali

Chaitali B Roy is the author of ‘Women of Kuwait : Turning Tides’ (Har- Anand Publications) . She i

Image

Good film is a truthful representation of its time, says veteran actor Naseeruddin Shah

The state of Bollywood films is the same where it was started, said Veteran actor Naseeruddin Shah

Image

Childnology

Another year has come and gone, but in the tech world, it means lot more major innovations are on t

Image

Experience Indian Corner Tandoori Nights at Al Manshar Rotana Hotel

Al Manshar Rotana Hotel at Fahaheel, Kuwait launched an authentic Tandoori Night with an Indian cor

Image

Biryani & Kebabi restaurant opened at Arabia Mall in Egila

Biryani & Kebabi is the newest addition to Al Sabah & Kohli food and beverage brands. Al Sabah & Ko

Image

Indulge in the luxury of Indian dinner every Tuesday at Jumeirah’s Garden Café

We all love luxury. We have many occasions to celebrate life luxuriously. Be it our anniversary, bi

Image

A delightful treat to our taste buds- Samrat Restaurant Weekend Buffet.

Delicious Food.. Good Company with Family or friends ... That’s what all look for on a weekend. B

Image

Kuwait Cricket announce 25 Probables for ICC World Cricket League Division 5 Qualifier

Kuwait Cricket Board is pleased to announce the 25 Probables for the all important ICC World Cricke

Image

IGC’s 3rd Annual Volley Ball Tournament – 2017

Promoting Unity and Goodwill, Islamic Guidance Center (IGC) Kuwait organized successfully its 3rd

Image

KCWA Cricket Cup 2017

Kuwait Canara Welfare Association (KCWA) held Cricket Cup 2017 on Friday, 3rd March at Boulevard Pa

Image

Aneef & Bastian lifts professional doubles crown in the 6th IBAK- Pizzahut Master’s Cup – 2017

Ilayaraja claims singles title The 6th IBAK – Pizzahut Master’s cup was held on the 23rd and 24

Image

MAK Champions Trophy 2017 – Volley Ball & Throw Ball Tournament

MOGAVEERS ASSOCIATION KUWAIT, the community welfare association of nonresident Mogaveers, based in