Jayalalithaa acquittal a case of mistaken calculations?

The Karnataka High Court verdict acquitting former Tamil Nadu Chief Minister Jayalalithaa had "glaring arithmetical error" relating to her disproportionate assets, Special Public Prosecutor in the case BV Acharya said on Tuesday, maintaining this could be an "excellent point" to challenge it in the Supreme Court.

Acharya said he was considering "all the options" that are available "because in law, we are not sure what will be the options but one definite thing is, if it (Karnataka government) decides to file an appeal in the Supreme Court, this will be an excellent point on which the court is bound to grant relief."

"In terms of per cent as also in terms of total income there is a glaring arithmetical error. This glaring mistake has come to our notice just now," Acharya told reporters in Bengaluru.

The SPP said Jayalalithaa's total disproportionate assets is Rs 16.34 crore instead of Rs 2.82 crore as the High Court Judge CR Kumaraswamy has concluded. The total DA should have been Rs 16.34 crore instead of Rs 2.82 crore, he said.

Acharya said Rs 16.34 crore DA amounts to around 76% and not merely 8.12% as concluded by the judge. In his judgement in the 19-year old case that set the stage for Jayalalithaa's return as Chief Minister, the judge said it is a well-settled law that according to the Krishnanand Agnihotri case, when there is disproportionate asset to the extent of 10 per cent, the accused are entitled to acquittal.

The total income of the accused, firms and companies is Rs.34,76,65,654. Lack of proportion amount is Rs.2,82,36,812.

The percentage of disproportionate assets is just 8.12%, the judge had held while setting aside the trial court's order. In his judgement on September 27 last year, Special Judge Michael D'Cunha had held Jayalalithaa and three others guilty of corruption and sentenced them to four years in jail. He had also slapped a fine of Rs 100 crore on her and Rs 10 crore each on three others.