http://www.thehindu.com/multimedia/archive/02402/Jayalalithaa_verdi_2402548a.pdf Full text of Karnataka HC judgement acquitting JJ.
In my Appeal to SC In JJ DA case. I will prove that the KHC judgment is a "tragedy of arithmetic errors". JJ will have to resign again if CM
In my Appeal to SC In JJ DA case. I will prove that the KHC judgment is a "tragedy of arithmetic errors". JJ will have to resign again if CM
Glaring mathematical errors in Jayalalithaa verdict, says public prosecutor
Special public prosecutor in the DA case against J Jayalalithaa has claimed that there are glaring mathematical errors in the HC verdict. (File photo)
BENGALURU: BV Acharya, the special public prosecutor in the multi-crore disproportionate assets case against former Tamil Nadu chief minister J Jayalalithaa, on Tuesday said there are glaring arithmetical errors in the 919-page verdict of the Karnataka high court that acquitted her and three others.
The prosecutor said if the mathematical mistakes are set right, the quantum of disproportionate assets owned by Jayalalithaa would be in excess of 76% of her known sources of income and not 8.12 % as arrived by the court.
The acquittal was premised on a Supreme Court judgment stating that disproportionate assets less than 10% of the known income is permissible.
Speaking to the TOI, Acharya referred to page number 852 of the verdict where the judge had calculated the loans borrowed by the 10 companies of the accused from nationalized banks and page 913 where the disproportionate assets were quantified.
"The total of the loan amount is calculated as Rs 24,17,31,274 (page 852).However, if added correctly, the total will be Rs 10,67,31,274 crore. This fundamental mistake in adding the individual loan amounts has inflated the income by Rs 13.5 cr," Acharya explained.
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"The wrong figure has been used in the end (Page 913) to calculate the accused's income and also the DA. The total assets have been shown as Rs 37,59,02,466 and income at Rs.34,76,65,654 and the differential amount as Rs 2,82,36,812. Using these figures, the verdict puts the DA at 8.12% of her income. But if added properly, the disproportionate assets would be 76.70% ," he explained.
As regards the future course of action, Acharya said all options that are available including filing of an SLP before the apex court are under consideration as the glaring mistake has come to the notice of the prosecution.
Blog: Verdict over, now for the circus
The prosecution had calculated Rs 66.65 crore as disproportionate assets based on the cost of construction of buildings owned by the accused and also the expenses incurred on the lavish marriage of VN Sudhakaran, the third accused. However, the trial court had reduced the disproportionate assets amount to Rs 53.60 crore.
The high court held the trial's court figures as exaggerated and brought down the cost of construction as also the marriage expenditure. It preferred to go with Jayalalithaa's claim in her IT returns that she had spent Rs 28.60 lakh on the marriage. The prosecution had put the marriage expenditure at Rs 6 crore.
The prosecutor said if the mathematical mistakes are set right, the quantum of disproportionate assets owned by Jayalalithaa would be in excess of 76% of her known sources of income and not 8.12 % as arrived by the court.
The acquittal was premised on a Supreme Court judgment stating that disproportionate assets less than 10% of the known income is permissible.
Speaking to the TOI, Acharya referred to page number 852 of the verdict where the judge had calculated the loans borrowed by the 10 companies of the accused from nationalized banks and page 913 where the disproportionate assets were quantified.
"The total of the loan amount is calculated as Rs 24,17,31,274 (page 852).However, if added correctly, the total will be Rs 10,67,31,274 crore. This fundamental mistake in adding the individual loan amounts has inflated the income by Rs 13.5 cr," Acharya explained.
READ ALSO
My acquittal is a victory for Tamil Nadu, Jayalalithaa says
Karnataka HC acquits Jayalalithaa in disproportionate assets case
Jayalalithaa acquittal is a setback to anti-corruption movement, netizens feel
"The wrong figure has been used in the end (Page 913) to calculate the accused's income and also the DA. The total assets have been shown as Rs 37,59,02,466 and income at Rs.34,76,65,654 and the differential amount as Rs 2,82,36,812. Using these figures, the verdict puts the DA at 8.12% of her income. But if added properly, the disproportionate assets would be 76.70% ," he explained.
As regards the future course of action, Acharya said all options that are available including filing of an SLP before the apex court are under consideration as the glaring mistake has come to the notice of the prosecution.
Blog: Verdict over, now for the circus
The prosecution had calculated Rs 66.65 crore as disproportionate assets based on the cost of construction of buildings owned by the accused and also the expenses incurred on the lavish marriage of VN Sudhakaran, the third accused. However, the trial court had reduced the disproportionate assets amount to Rs 53.60 crore.
The high court held the trial's court figures as exaggerated and brought down the cost of construction as also the marriage expenditure. It preferred to go with Jayalalithaa's claim in her IT returns that she had spent Rs 28.60 lakh on the marriage. The prosecution had put the marriage expenditure at Rs 6 crore.