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Miscalculation error helped Jayalalithaa in DA case, claims Opposition

It is stated in the judgment that the total income of Jayalalithaa was Rs 34.76 cr.

jayalalithaa, jayalalithaa news, jayalalithaa hearing, karnataka high court, jayalalithaa prison sentence, jayalalithaa convicted, karnataka news, india news, indian express Former Tamil Nadu Chief Minister J Jayalalithaa

A day after the single-judge bench of Justice C R Kumaraswamy of the Karnataka High Court acquitted former Tamil Nadu chief minister J Jayalalithaa in the disproportionate assets case, the special public prosecutor and the opposition DMK and PMK alleged a “miscalculation” of her income in the judgment. And her counsel said this related to an “insignificant” part of the ruling.

Referring to page 852 of the judgment, PMK leader S Ramadoss said: “It states that Jayalalithaa, V K Sasikala, V N Sudhakaran and J Elavarasi and their firms received 10 loans from Indian Bank… When we add these, it comes to Rs 10.67 cr. But Justice C R Kumaraswamy has said the total value was Rs 24.17 cr and has to be taken as income. That means a sum of Rs 13.50 cr was added, either intentionally or by miscalculation.”

If this is factored in, Jayalalithaa’s income falls and so the extent of her disproportionate assets shoots way above the 10 per cent that the judge stipulated as the “permissible limit.”

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The PMK statement added: “It is stated in the judgment that the total income of Jayalalithaa was Rs 34.76 cr. If we deduct the Rs 13.50 cr added by mistake, then the income would be Rs 21.26 cr. But the assets of Jayalalithaa as accepted by Justice Kumaraswamy is Rs 37.59 cr. There is still a difference of Rs 16.32 cr between the assets and the actual income. But Justice Kumaraswamy stated that the difference between the income and assets is only Rs 2.82 cr, which is 8.12 per cent above the income.”

Agreeing with this, Special Public Prosecutor B V Acharya said this Rs 16.32 cr difference translates to assets 76 per cent above the known income. “If the government decides to file an appeal in Supreme Court, it will be a good case for them to get relief,” said Acharya.

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“It should not be seen as a simple calculation error done unknowingly. If we accept this mistake as negligence of the judge, then it raises questions on the credibility of the whole judgment. Hence, the Karnataka government should appeal in the Supreme Court,” said Ramadoss.

When contacted, B Kumar, senior counsel for Jayalalithaa, said the judgment was being misread. “The acquittal order was built on well-studied observations that no benami role was proved. And it also observes that there was no evidence of the flow of funds from Accused No. 1 (Jayalalithaa) to the others. The conspiracy angle was also not established. Mere arguments of mathematical errors or mistakes in calculations are all surrounding the insignificant parts in the judgment. It doesn’t really affect the strength of Justice Kumaraswamy’s verdict.”

First uploaded on: 13-05-2015 at 03:59 IST
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