Karnataka moves SC to recover Rs100 cr fine in Jaya case
22 Mar 2017
Seeking to the receipt of a Rs100 crore fine imposed by a trial court on J Jayalalithaa in an illegal wealth case, the Karnataka government on Tuesday approached the Supreme Court for a review of its February 14 verdict by which it abated the proceedings against the former Tamil Nadu chief minister due to her death.
"In the case of appeal against conviction, it is settled law that the appeal does not abate if the accused has been sentenced to pay fine either along with imprisonment or otherwise. This principle is equally applicable to the present case where the trial court has imposed a Rs100-crore fine, along with imprisonment," the petition said.
The Karnataka government said the apex court's finding that the criminal appeal filed by special leave petition under Article 136 of the Constitution has abated is "erroneous" as there is no provision either in the Constitution or the Supreme Court Rules 2013 pertaining to the issue.
Even though the question of Jayalalitaa undergoing further imprisonment does not arise, the sentence to pay fine is legally sustainable which has to be recovered, it said.
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