Karnataka HC dismisses appeal by former TN CM Jayalalithaa’s heirs over confiscated assets
BENGALURU: The Karnataka High Court on Monday dismissed the appeal filed by J Deepak and J Deepa, the legal heirs of former Tamil Nadu Chief Minister J Jayalalithaa, seeking directions to the special court in the state to release the confiscated valuables and properties seized in connection with the disproportionate assets case against her.
Justice V Srishananda upheld the special court’s order dated 12 July 2023, which had rejected Deepa and Deepak’s request for the release of the confiscated properties.
The special court had previously fixed 19 February 2024 as the date to return the valuables, gold, and diamond jewellery seized in the case. It had directed the Tamil Nadu government to depute authorised officers on 6 and 7 March 2024 to take possession of the seized items.
However, on 5 March 2024, a single judge of the high court stayed the order, a day before the handover process was scheduled, following an appeal filed by Deepak and Deepa.
With the dismissal of their appeal, the special court can now proceed with handing over the assets to the Tamil Nadu government.
Deepa and Deepak contended before the high court that the special court had failed to consider the fact that proceedings against Jayalalithaa were abated by the Supreme Court after her death.
They argued that she should be treated as acquitted in the case, as the high court’s order acquitting her was in effect at the time of her passing. Consequently, they claimed the confiscation of her properties was unwarranted.
However, the high court clarified that the Supreme Court had restored the conviction and sentence recorded by the special court against all accused, confirming the confiscation of all assets. This applied despite the abatement of proceedings against Jayalalithaa due to her demise.
The petitioners also argued that some of the confiscated assets were acquired before the check period during which the crime was committed.
The high court rejected this claim but granted them liberty to identify and substantiate assets purchased by Jayalalithaa before the check period. The court stated, “The legal heirs would be entitled to the value of such assets, even if they are auctioned by the authorities.”
The special court, in its 12 July 2023 order, noted that the petitioners had failed to provide grounds to justify their claim to the confiscated properties.
It ruled, “It is not possible to hold that they are entitled to get properties seized, attached, and confiscated in the case. All the properties were acquired by illegal means and accordingly ordered to be confiscated. Therefore, the properties shall go to the government and not in favour of the petitioners.”
Deepa and Deepak had challenged this decision in the high court, but their appeal has now been dismissed, allowing the process of handing over the valuables to the Tamil Nadu government to proceed as planned.