New Delhi/Chennai: In a major setback for VK Sasikala, which dashed her ambition to become the Tamil Nadu CM, the Supreme Court on Tuesday restored her conviction and four-year jail sentence in a disproportionate assets case.
The verdict held her guilty of entering into a conspiracy with late AIADMK supremo J Jayalalithaa.
The immediate fallout of the top court verdict is that Sasikala is out of the electoral field for 10 years - four years in incarceration and six years of disqualification under the Representation of Peoples Act after her release.
Restoring the September 27, 2014 judgment of the trial court convicting and sentencing her and her two relatives - VN Sudhakaran and J Elavarasi - a bench of Justice Pinaki Chandra Ghose and Justice Amitava Roy set aside the May 11, 2015 Karnataka High Court order acquitting the three and late Tamil Nadu CM Jayalalithaa.
The court said that the three would surrender before the trial court "forthwith".
Speaking for the bench, Justice Ghose commended the trial court for being "meticulous, sensitive, vigilant and judicious in appraisal ..." and that "we are of the unhesitant opinion" that the High Court judgment and order "suffers from manifest errors on the face of the record, both on facts and in law and is liable to be set-aside".
Justice Roy, in a concurring judgment, expressed deep concern over the "escalating menace of corruption in society".
The court said that every transaction that was taking place was in the know of each one of them living under the same address.
"The unimpeded, frequent and spontaneous inflow of funds" from the account of Jayalalithaa to those of the "other co-accused and the firms/companies involved, overwhelmingly demonstrate" their "collective culpable involvement" in the transactions ... "the same to be masked banking exchanges though involving several accounts but mostly of the same bank", the court said, as per IANS.
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It rejecting the argument that trial suffered from "unfairness and non-transparency".
"True that in course of the investigation, some documents had been seized which were not adduced in evidence being construed to be irrelevant for substantiating the charge, but it did not certainly tantamount to suppression thereof so as to afflict the trial with the vice of unfairness and non-transparency as alleged," the court said.
It also rejected the "off repeated grievance" of the accused that the trial court had left out of consideration material pieces of evidence brought by it, saying "suffice it to state that the decision rendered by it proclaim to the contrary".
"In all the aspects amongst others income, expenditure and assets, the judgment of the trial court reveals on a plain reading that the evidence adduced by the defence as construed to be relevant had not only been taken note of but also analysed and applied for arriving at the conclusions on the issues pertaining to the adjudication," it said in its judgment.
Upholding the trial court directing confiscation of the movable and immovable assets of the accused, as well of properties of six companies owned by the accused, to recover the fine imposed on them, the top court said, "In our comprehension, the course adopted by the trial court cannot be faulted with. We are of the opinion that the order of confiscation/forfeiture of the properties standing in the name of six companies, as involved, made by the trial court is unexceptionable."
Sasikala turns emotional, says 'my thoughts will be with party even from inside jail':
Meanwhile, Sasikala today said that her thoughts will continue to remain with the party even from inside the jail.
"Only I can be jailed, not the care or concern I have for this party. Wherever I will be, my thoughts will be here," said an emotional Sasikala.
She said she will be thinking about the party round the clock.
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She said the present case was "filed" by DMK and asked the partymen to strongly resist it, as per PTI.
Sasikala also said she was happy in a way that Jayalalithaa was not alive to "face difficulties," although she said she was not bothered to undergo such problems.
In her address to party MLAs hours after her conviction, Sasikala also stressed the need for staying united and exuded confidence that Governor Ch Vidyasagar Rao would invite her party to form the government.
"For me, to form government, to set up Amma's memorial, you should remain united," she said.
Sasikala, who later left the resort where party MLAs loyal to her were put up, said no force can wean away AIADMK from her.
Palaniswami stakes claim to form govt:
On the other hand, newly elected AIADMK legislature party leader Edappadi K Palaniswami on Tuesday met governor Ch Vidyasagar Rao and staked claim to form the government.
In his brief meeting with the Governor, Palaniswami presented a list of MLAs supporting his claim.
Some senior leaders and ministers also accompanied Palaniswami, according to sources.
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Palaniswami greeted the governor with a bouquet.
He was elected AIADMK legislature party leader replacing Sasikala shortly after the SC convicted her.
Last week, the Governor had met Panneerselvam and later Sasikala, who had staked claim to form the government.
It was not known how many MLAs attended the legislature party meeting chaired by Sasikala earlier in the day.
The Madras High Court was yesterday informed by the state public prosecutor that 119 AIADMK MLAs were staying in the resort, near here, on their own volition.
(With Agency inputs)
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