‘Staying together doesn’t mean there is any conspiracy’

BENGALURU: Merely because AIADMK chief J Jayalalithaa’s co-accused in the disproportionate assets case – N Sasikalaa, J Elavarasi and V N Sudhagaran – were staying with her in her Poes Garden bungalow, it could not be concluded that they had indulged in a conspiracy to achieve something illegal, Justice C R Kumaraswamy said in his order on Monday.
“Just because accused nos.2 to 4 stayed along with accused no.1, that itself is not a component with which the court can come to the conclusion that the accused abetted and conspired and acquired the property in an improper way,” the judge said, taking a diametrically opposite view to that of special judge John Michael Cunha, who had convicted all the four.
Rejecting the trial court’s conclusion that most of the “ill-gotten” money of then chief minister Jayalalithaa was used for purchasing properties and starting companies in the name of the other three accused, Justice Kumaraswamy said there was a “positive evidence” to show that there were loans for more than 24 crore.
Though the prosecution has recorded the evidence of about 259 witnesses, it mainly relies on registration of 165 documents at the residence of Jayalalithaa, the judge said, adding that the prosecution case was that she amassed wealth and parted with it to the other three to acquire agricultural lands, sites and 32 firms and companies. Rejecting the claims, he said: “There is a positive evidence to the effect that the accused, firms and companies have borrowed a loan for 24.17 crore. Besides, they also borrowed loans from private parties. This loan borrowed by private parties has not been considered by the court.”
Convinced that this amount had been utilized for purchase of agricultural lands, sites, firms and companies by Jayalalithaa’s associates, Justice Kumaraswamy said, “Therefore, the question of Jayalalithaa abetting the other three accused for acquiring immovable properties does not arise...Evidence on record discloses that Jayalalithaa’s three associates have borrowed huge amount and acquired the immovable properties like agricultural lands, legal entities. The source of income is lawful. Object is also lawful.”
Justice Kumaraswamy, however, accepted the vigilance officials’ valuation in respect of gold, diamond jewellery, silver wares, fixed deposit, shares, cash balance in bank accounts