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Synopsis

A legal heir of former Tamil Nadu Chief Minister J Jayalalithaa has filed a plea in the Supreme Court, challenging the Karnataka High Court's January 13, 2025 judgment that declined to allow a petition for return of the movable and immovable assets, seized in the disproportionate assets case.

Petitioner J Deepa stated she is the niece of Jayalalitha, who died intestate. The Madras High Court on May 27, 2020, declared her as one of the Class-II legal heir to the estate of Jayalalitha, along with her brother, and granted letters of administration in respect of estate held individually or in the names of the firms or companies.

Her petition stated, the Karnataka High Court had on May 11, 2015, set aside the judgment of conviction and sentence by Special Court on September 27, 2014, and acquitted Jayalalithaa and others of all the charges.

However, during the pendency of the Karnataka government's appeal before the top court, Jayalalithaa passed away on December 5, 2016, resulting into the abatement of the proceedings.

The petitioner and her brother approached the Special Court for return of the assets under the seizure. The plea was dismissed on July 12, 2023. The Karnataka High Court also on January 13, 2025, dismissed their plea.

The plea said the properties seized from Jayalalitha included the assets acquired before the check period. But the prosecution did not segregate the assets that were acquired prior to the check period from that of the assets acquired during the check period.

"It is duty of the prosecution to do the segregation of assets as the prosecution was in possession of relevant data and other documents which would facilitate such segregation. The petitioner as the legal heir is entitled to all such assets acquired prior to the check period," her plea said.

As the appeal against her acquittal got abated, the legal heirs of Jayalalitha are entitled to claim back all the properties both movable and immovable, which were confiscated and attached in connection with the 2004 case, the plea stated. 

The plea also pointed out that a review petition filed by the State of Karnataka on merits for recovery of Rs 100 Cr was also dismissed by the apex court on merits.

"It is settled law by this court that no person shall be deprived of his property save by authority of law and the State cannot dispossess a citizen of his/her property except in accordance with the procedure established by law," the plea said.

Case Title: J Deepa vs. the Superintendent of Police, DVAC