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Synopsis

The Madras High Court recently affirmed a one-year imprisonment and fine for Nallammal, wife of the late AM Paramasivam, a former Minister for Labour Welfare, in a 26-year-old case under the Prevention of Corruption Act.

The court found that Paramasivam, a public servant, amassed wealth 400% above his declared income, with Nallammal actively involved in acquiring properties through undisclosed means.

The bench of Justice G Jayachandran stated, "The deceased first accused being a Public Servant had acquired wealth above 400% of his known source of income.From undeclared source, the properties been acquired by the public servant (A1) in his name and in the name of his wife (A-2) also in the name of his minor children. A-2 have lend her name for purchasing the property through source undeclared. Therefore, the trial Court judgement of conviction dated 15/11/2000 is hereby confirmed".

Despite pleas to consider political motivation and Nallammal's old age, the court emphasized the minimum one-year sentence, leaving no room for reduction.

"The offence being acquiring wealth by a public servant beyond his known source of income and A-2 for aiding the public servant, had been sentenced for one year R.I being the minimum sentence prescribed under the law. So there cannot be further reduction of sentence," clarified the court.

Nallammal challenged the order dated November 15, 2000, passed by the III Special Judge/XIII Additional Judge, Chennai in a 1997 case. 

Late A.M. Paramasivam, was the elected Member of the Tamil Nadu Legislative Assembly during the period June 16, 1991 to May 9, 1996. He was the Minister for Labour Welfare in the Government of Tamil Nadu from 1993 to 1996. 

The allegations were that he, along with his wife, had acquired properties beyond the known pecuniary resources, which were disproportionate to the extent of Rs.38,72,545 during the check period between June 16, 1991, to May 9, 1996. 

Paramasivam was tried for the offence under Section 13(2) r/w 13(1)(e) of the Prevention of Corruption Act, 1988. Since, the properties were acquired in his name, his wife's name and in the name of his minor children mentioning his wife as guardian, therefore his wife, Nallammal was tried for aiding him in committing the offence. 

The trial court sentenced Paramasivam to undergo two years of rigorous imprisonment and Nallammal to undergo one year of rigorous imprisonment. Aggrieved by the judgment of conviction and sentence passed by the trial Court, the couple moved an appeal before the high court in 2000. Pending the appeal, Paramasivam died on May 23, 2015.

Before the High Court, Nallammal alleged prosecution malice and ignoring of relevant documents by the lower court.

However, the High Court found her claims lacked evidence, and there was no proof of legally acquired assets. Consequently, it confirmed the conviction and sentence imposed by the trial court, dismissing any evidence of perversity in the proceedings.

Case Title: A.M.Paramasivan (died) & P.Nallammal v. State