Rs 100-crore fine an arbitrary exercise of power: Jayalalithaa

Written By Unknown on Kamis, 09 Oktober 2014 | 22.14

BANGALORE: Former Tamil Nadu chief minister J Jayalalithaa has claimed in her criminal appeal that the Rs 100-crore fine imposed on her in the disproportionate assets case was an arbitrary exercise of power.

"The (special court) judge, while passing the sentence, had imposed a fine of Rs 100 crore. It is extraordinary, unprecedented and totally arbitrary exercise of power. The judge couldn't have passed an order of fine which is two times disproportionate of the assets according to the judgment. This shows that the judge was not objective, but appears to have entertained undue animosity against the accused," Jaya claimed in her appeal, which is pending before the Karnataka high court.

READ ALSO: Prosecutor's role in Jayalalithaa assets case comes under scrutiny

"The judge erred in specifying the mode of payment of the amount; there may not be a power to pass such orders for payment of fine. This is more so when most of the fixed deposits and cash balances are in the names of the other accused than A-1 (Jayalalithaa). Whereas, the liability to pay the fine is cast only on A-1," she said.

The former TN CM claimed there is nothing in the judgment to identify the 7,040 grams of gold that should be left out vis-a-vis adjustment of the fine amount, as most of the jewellery are studded with diamonds or artificial stones.


AIADMK student wing activists sit on a hunger strike protesting against J Jayalalitha's conviction in a disproportionate assets case in Coimbatore.

'Order on cost of trial wrong'

Jayalalithaa took exception to the court direction for giving Rs 5 crore to the Karnataka government towards the cost of trial conducted in the state.

"This (direction) is wrong and without the authority of law. The cost of prosecuting the person can never be recovered from the accused. Further, the Supreme Court, in the order of transfer, has already provided what should be paid by Tamil Nadu. The order flies in the face of the order passed by the Supreme Court," she said.

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