Jayalalithaa's Niece Approaches Supreme Court Seeking Return Of Her Properties Confiscated In Disproportionate Assets Case

The niece of former Tamil Nadu Chief Minister J Jayalalithaa has approached the Supreme Court seeking the return of the properties confiscated in the disproportionate assets case against Jayalalithaa.

J Deepa has filed a Special Leave Petition challenging the Karnataka High Court's order refusing to release Jayalalithaa's assets to her.

The petitioner's argument is that since the criminal case against Jayalalithaa got abated following her death in December 2016, her assets seized during the proceedings have to be released.

The trial court had, in September 2014, convicted Jayalalithaa for the offences under the Prevention of Corruption Act and she was sentenced to undergo simple imprisonment for a period of four years and pay a fine of Rs.100 crores. In 2015, the Karnataka High Court set aside the conviction and acquitted her. While the State's petition challenging the High Court's acquittal was pending in the Supreme Court, the AIADMK supremo passed away in December 2015.

In February 2017, the Supreme Court recorded that the appeal against Jayalalithaa stood abated and restored the conviction of the other accused.

"Therefore, in respect of Dr. J. Jayalalitha who was arrayed as A 1, 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 A 2 to A 4 and it is not applicable to Dr. J. Jayalalitha," J Deepa contended in the petition.

She pointed out that the Madras High Court had recognized her and her brother as the legal heirs of Jayalalithaa and granted them letters of administration with respect to the properties of their aunt.

The Karnataka High Court rejected J Deepa's appeal observing that there was a clear finding recorded by the Supreme Court that the order of confiscation and other directions have to be adhered to by all concerned, including the LRs(Legal Representatives) of deceased A1(Jayalalithaa).

"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," the High Court observed.

J Deepa's SLP is drawn by Dr. M. Sathya Kumar, Adv.