Jayalalithaa cannot be termed a convict, rules High Court
CHENNAI, JANUARY 24, 2019 00:00 IST
Jayalalithaa
Dismisses PIL against construction of a mausoleum
Holding that former Chief Minister Jayalalithaa cannot be termed a convict in the disproportionate assets case, the Madras High Court on Wednesday dismissed a public interest litigation petition filed against the use of public funds to construct a mausoleum for her at the Marina beach in Chennai.
A Division Bench of Justices M. Sathyanarayanan and P. Rajamanickam agreed with Advocate General Vijay Narayan that the Supreme Court had not given any categorical finding of guilt against her in the case in February 2017 and therefore it was a misnomer to claim that she was a convict.
The judges pointed out that a trial court in Bangalore had convicted her and other accused in the case on September 27, 2014 and sentenced them to four years of rigorous imprisonment. However, on appeal, the High Court of Karnataka set aside the conviction as well as sentences on May 11, 2015.
Though the prosecution went on appeal against the acquittal before the Supreme Court, Jayalalithaa died on December 5, 2016. Hence, the apex court on February 14, 2017 convicted the co-accused alone and held that the appeal against the acquittal of the former Chief Minister alone shall stand abated in view of her death.
After extracting the meaning of the term ‘abated’ from law lexicons and referring to a catena of judicial pronouncements on the issue, the Bench, led by Mr. Justice Sathyanarayanan, said: “It is to be remembered at this juncture that the said person already had the benefit of acquittal (by the Karnataka High Court) operating in her favour.”
“In the light of the Supreme Court judgement in B.K. Kapur v/s the State of Tamil Nadu (2001), the stigma of conviction against her got erased/wiped out which has not been set aside by the honourable apex court on merits for the reason that before the orders could be pronounced, she died.”
“Therefore, it cannot be said that Selvi J. Jayalalithaa is a convicted person and as such, there is a stigma attached to her.”
The Bench pointed out that the Supreme Court had also dismissed a review petition as well as a curative petition to recover fine amount of Rs. 100 crore from the properties of all the accused in the case.
No legal hurdle
Since the primordial submission of the present PIL petitioner, M.L. Ravi of Desiya Makkal Sakthi Katchi, was that public funds should not be used to construct a mausoleum or memorial for a “convict,” the judges said there may not be any legal hurdle in constructing a mausoleum for Jayalalithaa as she was not a convict.
However, doubting the use of tax payer’s money being used to construct memorials and mausoleums, the judges said the State government may take a call or formulate a policy decision, in future, to construct hospitals, schools, colleges and provide basic amenities to the people in honour and memory of great leaders.
CHENNAI, JANUARY 24, 2019 00:00 IST
Jayalalithaa
Dismisses PIL against construction of a mausoleum
Holding that former Chief Minister Jayalalithaa cannot be termed a convict in the disproportionate assets case, the Madras High Court on Wednesday dismissed a public interest litigation petition filed against the use of public funds to construct a mausoleum for her at the Marina beach in Chennai.
A Division Bench of Justices M. Sathyanarayanan and P. Rajamanickam agreed with Advocate General Vijay Narayan that the Supreme Court had not given any categorical finding of guilt against her in the case in February 2017 and therefore it was a misnomer to claim that she was a convict.
The judges pointed out that a trial court in Bangalore had convicted her and other accused in the case on September 27, 2014 and sentenced them to four years of rigorous imprisonment. However, on appeal, the High Court of Karnataka set aside the conviction as well as sentences on May 11, 2015.
Though the prosecution went on appeal against the acquittal before the Supreme Court, Jayalalithaa died on December 5, 2016. Hence, the apex court on February 14, 2017 convicted the co-accused alone and held that the appeal against the acquittal of the former Chief Minister alone shall stand abated in view of her death.
After extracting the meaning of the term ‘abated’ from law lexicons and referring to a catena of judicial pronouncements on the issue, the Bench, led by Mr. Justice Sathyanarayanan, said: “It is to be remembered at this juncture that the said person already had the benefit of acquittal (by the Karnataka High Court) operating in her favour.”
“In the light of the Supreme Court judgement in B.K. Kapur v/s the State of Tamil Nadu (2001), the stigma of conviction against her got erased/wiped out which has not been set aside by the honourable apex court on merits for the reason that before the orders could be pronounced, she died.”
“Therefore, it cannot be said that Selvi J. Jayalalithaa is a convicted person and as such, there is a stigma attached to her.”
The Bench pointed out that the Supreme Court had also dismissed a review petition as well as a curative petition to recover fine amount of Rs. 100 crore from the properties of all the accused in the case.
No legal hurdle
Since the primordial submission of the present PIL petitioner, M.L. Ravi of Desiya Makkal Sakthi Katchi, was that public funds should not be used to construct a mausoleum or memorial for a “convict,” the judges said there may not be any legal hurdle in constructing a mausoleum for Jayalalithaa as she was not a convict.
However, doubting the use of tax payer’s money being used to construct memorials and mausoleums, the judges said the State government may take a call or formulate a policy decision, in future, to construct hospitals, schools, colleges and provide basic amenities to the people in honour and memory of great leaders.
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