Home / Latest News / Glimmer of Hope for Jayalalithaa in DA Case as SC observes,”Only ill-gotten assets a Crime”

Glimmer of Hope for Jayalalithaa in DA Case as SC observes,”Only ill-gotten assets a Crime”

June,2,2016:

This was the first hearing after Ms. Jayalalithaa won the Assembly elections.

Jayalalithaa in DA Case at SC
Jayalalithaa in DA Case at SC

Supreme Court has observed on Wednesday that Acquisition of financial assets per se is not an offence or  crime unless it is proved that its source is illegal.

This observation was made while hearing the disproportionate wealth case against Tamil Nadu Chief Minister Jayalalithaa.

This was the first hearing after Ms. Jayalalithaa won the Assembly elections in the State.

Justices P.C. Ghose and Amitava Roy vacation Bench remarked, “Disproportionate financial assets is not a crime. It becomes an actionable crime only if it is established that the source of such money is illegal.”

The Bench asked the Karnataka Lawyer whether had any proof to establish that the money said to be “enjoyed, utilised” by the other accused persons belonged of Ms. Jayalalithaa alone and not received by them from any other lawful source.

Three options

It was argued that Supreme Court now has three options. The First is to either confirm the Karnataka High Court judgment and acquit the accused. Second, confirm the lower court judgment and convict them. Third refer the present appeal back to the High Court for fresh decision.

The Apex court observed that referring the appeals back to the High Court at this stage would be akin to upholding the lower court’s conviction judgment and this would cause grave injustice to the accused persons.

The Bench has now posted the matter for June 7, for hearing senior advocate Siddharth Luthra, on behalf of Karnataka.

Ms. Jayalalithaa’s Lawyer Senior advocate Harin Raval,  too has been given time to argue the matter on the next date of hearing.

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