Chennai: The Madras High Court on Wednesday held that late Tamil Nadu Chief Minister J Jayalalithaa cannot be described as a “convict” in the disproportionate assets case in which her close aide V K Sasikala and two others were convicted two undergo four years imprisonment. Therefore it ruled that there can be no bar on taxpayers’ money being spent by the State Government to build a mausoleum for her on the sands of the Marina, the world’s second longest beach in Chennai.
A bench of Justices Sathyanarayanan and Rajamanickam said the Supreme Court had held that the charges against Jayalalithaa stood abated as before the orders could be pronounced (in an appeal petition) she died. Jayalalithaa was named as the first accused in the case in which she was charged with accumulating wealth disproportionate to her known sources of income during 1991-96, when she drew a token monthly salary of one rupee as Chief Minister.
A trial court in Bengaluru had convicted her and the three other accused to four years jail term but the Karnataka High Court had acquitted them. Subsequently, the Supreme Court in an appeal petition had heard arguments from both sides and reserved its verdict.
Before the court could deliver its verdict, Jayalalithaa died in December 2016. Two months later, a few days after Sasikala was elected leader of the AIADMK Legislature Party and staked claim to form the Government, the apex court delivered its verdict holding that the three living accused were part of a conspiracy to amass wealth and upheld their conviction by the trial court. Jayalalithaa was by then dead.
Citing this, the Madras HC said: “Therefore, it cannot be said that Selvi J Jayalalithaa is a convicted person and as such, there is stigma of conviction attached to her.” Consequently, the court dismissed a public interest litigation petition which sought to restrain the State Government from building a mausoleum for her at the cost of the exchequer.
