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Jaya DA case: HC poses searching queries to SPP on trial court

Posing searching questions, Karnataka High Court today sought answers from Special Public Prosecutor Bhavani Singh on how the trial court had concluded that Jayalalithaa had amassed Rs 66.65 crore of wealth disproportionate to known sources of income during her first stint as Chief Minister from 1991 to 1996.

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Posing searching questions, Karnataka High Court today sought answers from Special Public Prosecutor Bhavani Singh on how the trial court had concluded that Jayalalithaa had amassed Rs 66.65 crore of wealth disproportionate to known sources of income during her first stint as Chief Minister from 1991 to 1996.

"I want to know how did the trial court come to a conclusion of A-1 (Jayalalithaa) amassing Rs 66.65 crore disproportionate to known sources of income during the check period," Justice C R Kumaraswamy posed when Singh was making submissions during the hearing of Jayalalithaa's appeal against her conviction by a special court here.

The judge asked whether the trial court arrived at this conclusion taking into account legal evidence or by mere inferences.

Singh said, "I have been submitting the contents of the DVAC report before this court and the trial court."

"I want to know from you (Singh) whether the trial court has come to a conclusion about A-1's guilt, based on legal evidence or mere inference," Justice Kumaraswamy asked.

The court also asked Singh to answer whether there was any evidence to prove the transaction of money between Jayalalithaa and three other accused in the case.

Justice Kumaraswamy told Singh to furnish details of the income and assets held by Jayalalithaa, before and after the check period, in order to exactly know the percentage of disproportionate assets.

"I want you (Singh) to furnish details of the income and assets held by A-1, before and after the check period, so as to know the perecentage of disproportionate assets," he said. 

Proceeding on the same point, Justice Kumaraswamy observed, "In 1971 itself, A-1 (Jayalalithaa) had filed income tax returns of Rs one lakh as per available documents. She comes from that background ... I want to know - how much before and after she amassed wealth."

Justice Kumaraswamy also asked Singh to submit any precedent where the courts have taken cognisance of including gift items into the unknown sources of income, amounting to illegal money transaction.

In reply, Singh mentioned the precedents of former Uttar Pradesh Chief Minister Mayawati and late Prime Minister P V Narasimha Rao.

Intervening, Justice Kumaraswamy said, "But Narasimha Rao's wasn't disproportionate case, but bribery, and what's Mayawati's case? Could you (Singh) tell me what's Mayawati's case?"

"I will tell you later, my lord," Singh replied.

A Supreme Court bench, headed by Chief Justice H L Dattu, had granted bail to Jayalalithaa on the condition that hearing in the High Court on her appeal against conviction should be completed in three months from December 18.

The special court had held Jayalalithaa and three others guilty of corruption. The court had awarded four years jail term and also slapped a fine of Rs 100 crore on the AIADMK chief. The court had also imposed a fine of Rs 10 crore each on the three other convicts.

Apart from Jayalalithaa, her close confidante Sasikala and her relatives Sudhakaran, erstwhile foster son of the AIADMK leader, and Elavarasi were also convicted. 

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