Chennai: Special Public Prosecutor (SPP) BV Acharya will recommend an appeal against the acquittal of All India Anna Dravida Munnetra Kazhagam (AIADMK) supremo and former Tamil Nadu chief minister Jayalalithaa in the disproportionate assets case to the Karnataka government.
Acharya said on Thursday that the verdict quashing the sentence and conviction of Jayalalithaa by the Karnataka High Court is a fit case to appeal before the Supreme Court. The Karnataka government of Chief Minister Siddaramaiah is yet to decide whether to appeal or not.
Karnataka High Court judge Justice CR Kumaraswamy while acquitting Jayalalithaa had observed that she had received loans worth Rs 24 crore. But the actual figures come up to only Rs 10 crore, so there is a mistake of about Rs 14 crore, said Acharya.
According to Acharya Jayalalithaa's total disproportionate assets (DA) is Rs 16.34 crore and not Rs 2.82 crore as the High Court judge said. The assets are 76% disproportionate and not just 8.12% as per HC, Acharya said.
BV Acharya, who actually built a very strong case against Jayalalithaa during his previous tenure as the Special Public Prosecutor said, "In page 852, judge says prosecution has not taken into account the income part of accused by obtaining loans from nationalised banks. Have given particulars of loans from different banks from which loans were rejected. The judge says total loans received are Rs 24 crore. There is some mistake in adding up. Actual figure comes to only Rs 10 crore. Thus there is a mistake to the extent of about Rs 14 crore. The DA will come to Rs 16.34 crore, as against Rs 2 crore. Therefore, there is a glaring arithmetical error in terms calculation."
"Fundamental mistake is in totalling 10 items of the loan. Since this glaring mistake has come to my notice, I am considering all options available. If the Supreme Court appeal is decided, this will be an excellent point to prove that acquittal of Jaya is wrong," he added.
When asked if he is asking for stay on the judgment, Acharya said, "It is a matter of deep consideration. I can't say anything positive now."
In a huge relief for Jayalalithaa, the Karnataka High Court on Monday set aside her conviction in the disproportionate assets case paving the way for her return to active politics.
Soon after the High Court assembled, Justice CR Kumaraswamy pronounced the judgement acquitting her in the 18-year-old disproportionate assets case starting wild celebrations by AIADMK workers and leaders in Bengaluru and back in Tamil Nadu.
With her acquittal, her disqualification under the Representation of People's Act (RPA) also stands cancelled and she can become the Chief Minister of Tamil Nadu once again. She can now take over as Tamil Nadu Chief Minister by removing her aide O Paneerselvam and then lead the AIADMK in the Assembly election due in May 2016.
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