New Delhi: Tamil Nadu Chief Minister Jayalalithaa has urged the Supreme Court to dismiss the appeals filed by Karnataka government and the DMK General Secretary K. Anbazhagan challenging her acquittal in the Rs. 66 crore disproportionate assets case.
In her written submissions she asserted that since Anbazhagan was neither a victim nor a complainant, he has no locus standi to file the appeal. Similarly, she said BJP leader Subramanian Swami has no locus to file appeal when the State is the prosecuting agency.
She said when the alleged offences under the Indian Penal Code and Prevention of Corruption Act were committed in the State of Tamil Nadu, Karnataka has no jurisdiction to file the appeal and only the Directorate of Vigilance and Anti Corruption in the State will have the right to file appeal. By mere transfer of the trial from Tamil Nadu to a court in Bengaluru, the State of Karnataka acts only as a prosecutor and there is no direction from the Supreme Court to Karnataka to file an appeal against the acquittal.
She maintained that when Karnataka has no legislative power in respect of affairs of TN, it has no power to prosecute offences alleged to have been committed in TN.
She also drew the court’s attention to rejection of prosecution’s charges relating to marriage expenditure; construction of buildings, acceptance of income from loans, grape garden and gifts and acceptance of income of Jaya Publications and Namadhu MGR scheme.
In her main defence she denied that there was any grave mathematical calculation of the loans received by the accused during the check period. The loans received are based on documents and the judgment had discussed in detail the loans advanced to the accused/firms. The findings of the High Court that the loans received are income leave no manner of doubt about what has been decided. Hence the statement that there has been gross mathematical miscalculation of the loans was incorrect.