The state government has said that once the proceedings were abated, it will not be possible to recover the fine of Rs 100 crore imposed on the late leader which was part of the punishment awarded to her in the case.
The Karnataka government on Tuesday moved an application in the Supreme Court (SC) challenging the abatement of the proceedings in the disproportionate assets (DA) case against Tamil Nadu Chief Minister late J Jayalalithaa.
The state government has said that once the proceedings were abated, it will not be possible to recover the fine of Rs 100 crore imposed on the late leader which was part of the punishment awarded to her in the case.
The apex court had on February 14 convicted current AIADMK chief V K Sasikala and two others in the case while abating the proceedings against Jayalalithaa as she had died. It had found incriminating evidence against Jayalalitha. Had she been alive, even Jayalalithaa would have been held guilty.
"Even though the question of A1 (Jayalalithaa) undergoing further imprisonment does not arise, sentence to pay fine (Rs100 crore) is legally sustainable which has to be recovered from the estate," the review petition read. "This is particularly so, where the offence alleged is of illegally acquiring disproportionate asset. Therefore, the finding that the appeal has abated is not correct."
Simply put, Karnataka said, that though the plea for jail was "infructuous," the fine imposed could still be recovered.
The petition also read that, "There are no provisions either in the Constitution or in the Supreme Court Rules, 2013 for such abatement of appeal. On the other hand, the Supreme Court Rules, 2013 provide that both in case of civil appeals as well as election petitions, there will be no abatement if the death takes place after conclusion of hearing."
It was in 1996 that BJP leader Subramanian Swamy filed the first complaint against Jayalalithaa alleging corruption. Swamy, who waited 21 years for validation of his accusations tweeted: "After 20 years I won."
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