CHENNAI: Some fine accounting, number crunching and statistics: At the end, these alone helped AIADMK chief J Jayalalithaa and her three associates wriggle out of the 19-year-old disproportionate assets case.
On Monday, Justice CR Kumaraswamy of the Karnataka high court matched figures against figures and then arrived at just 8.12% deviation from the declared assets and incomes of the four accused, and the value disproportionate to the declared sums.
READ ALSO: Staying together doesn't mean Jayalalithaa conspired with other accused, Karnataka HC says
Like an expert accountant, the judge, said that the total assets of the accused, after deductions, was Rs 37.59 crore, and that their total income during the period was Rs 34.76 crore.
Noting that the differential sum was a mere Rs 2.82 crore, the judge said the percentage disproportionate assets was just 8.12%.
READ ALSO: The Karnataka high court verdict on Jayalalithaa case (PDF file)
He went on to say: "It is well settled law that according to Krishnanand Agnihotri's case, when there is disproportionate asset to the extent of 10%, the accused are entitled for acquittal. A circular has been issued by the government of Andhra Pradesh that disproportionate asset to the extent of 20% can also be considered as a permissible limit. The margin of 10% to 20% of the disproportionate assets has been taken as a permissible limit, taking into consideration the inflationary measures."
It is relatively small, he said, adding, "The disproportionate asset is less than 10% and it is within permissible limit. Therefore, accused are entitled for acquittal. When the principal accused (Jayalalihtaa) has been acquitted, the other accused, who have played a lesser role, are also entitled for acquittal."
READ ALSO: Trial court failed to appreciate evidence in proper perspective, Karnataka HC says
Justice Kumaraswamy was also of the view that the prosecution had "mixed up" assets of the accused, firms and companies and also added the cost of construction (Rs 27.8 crore) and marriage expenses (Rs 6.45 crore) and valued the assets at Rs 66.45 crore.
He said, "If we remove the exaggerated value of cost of construction and marriage expenses, the assets will work out at Rs 37.59 crore. 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 8.12%."
On Monday, Justice CR Kumaraswamy of the Karnataka high court matched figures against figures and then arrived at just 8.12% deviation from the declared assets and incomes of the four accused, and the value disproportionate to the declared sums.
READ ALSO: Staying together doesn't mean Jayalalithaa conspired with other accused, Karnataka HC says
Like an expert accountant, the judge, said that the total assets of the accused, after deductions, was Rs 37.59 crore, and that their total income during the period was Rs 34.76 crore.
Noting that the differential sum was a mere Rs 2.82 crore, the judge said the percentage disproportionate assets was just 8.12%.
READ ALSO: The Karnataka high court verdict on Jayalalithaa case (PDF file)
He went on to say: "It is well settled law that according to Krishnanand Agnihotri's case, when there is disproportionate asset to the extent of 10%, the accused are entitled for acquittal. A circular has been issued by the government of Andhra Pradesh that disproportionate asset to the extent of 20% can also be considered as a permissible limit. The margin of 10% to 20% of the disproportionate assets has been taken as a permissible limit, taking into consideration the inflationary measures."
It is relatively small, he said, adding, "The disproportionate asset is less than 10% and it is within permissible limit. Therefore, accused are entitled for acquittal. When the principal accused (Jayalalihtaa) has been acquitted, the other accused, who have played a lesser role, are also entitled for acquittal."
READ ALSO: Trial court failed to appreciate evidence in proper perspective, Karnataka HC says
Justice Kumaraswamy was also of the view that the prosecution had "mixed up" assets of the accused, firms and companies and also added the cost of construction (Rs 27.8 crore) and marriage expenses (Rs 6.45 crore) and valued the assets at Rs 66.45 crore.
He said, "If we remove the exaggerated value of cost of construction and marriage expenses, the assets will work out at Rs 37.59 crore. 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 8.12%."
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