Sources have stated that the Supreme Court had said in its judgment in the disproportionate assets case that the verdict against former Tamil Nadu chief minister Jayalalitha stands abated. This came into being since she was deceased at the time of the order being passed. Effectively, this order would mean that the Rs 100 crore fine that was imposed on her by the trial court cannot be recovered.
It was stated that Karnataka is likely to seek a clarification in the Supreme Court on this point. "There is some confusion on this point," said a source. As per the rules of the Supreme Court, the case against a person can be abated only if the person has died in the argument stage.
Meanwhile the rule states that in case the person has died after the arguments are completed and the order reserved, then abatement is not possible. Jaya was alive when the arguments had concluded. This would mean that the case against her could not have been abated as per SC rules.
Sources
have stated that a clarification is needed on this point and only then it a
decision on whether to recover the Rs 100 crore fine can be taken and the
Karnataka government is in the process of setting up a committee to recover the
fine amount, but the official announcement on whether to set it up or not will
be taken only after the clarification is sought from the SC.
