Justice CR Kumaraswamy excelled himself in the Jayalalitha disproportionate assets case, by “miscalculating” Rs 10.67 cr loans as 24.17 cr on page 852 of the judgment. As a result of this miscalculation, he could then show that her assets were not disproportionate compared to her known sources of income, as her balance loan (after deducting income) was Rs 18.17 cr… whereas actually, the balance loan is only 4.67 cr.
So, although there is no explanation for Amma’s assets worth 13.5 cr, Justice Kumaraswamy takes the help of his arithmetic error to say that there is!
His judgment says:
Pg. 901 – “The immovable properties were acquired by borrowing huge loan from the Nationalised Banks. It is difficult to infer that the properties were acquired by means of ill-gotten money. Therefore, in my view, confiscation of the properties by the Trial Court is not sustainable in law.“
Pg 909: “The case of the prosecution that Accused No.1 amassed
wealth and acquired agricultural lands, sites, floated firms, became Directors of the companies cannot be believed because the money that has been spent for acquiring the said properties can be inferred from the loans borrowed from the Nationalized Banks.”
Pg 912: “The assets possessed by the appellant were thus in excess of the surplus income available to him, but since the excess is comparatively very small – it is less than 10%, of the total income of Rs.1,27,715.43 – we do not think it would be right to hold that the assets found in possession of the appellant were disproportionate to his known source of income.”
Read this judgment: http://karnatakajudiciary.kar.nic.in/noticeBoard/CRL-A-835-838-2014.pdf
It is a given that Justice CR Kumaraswamy has earned Amma’s blessings, and these blessings may manifest themselves as plum posts in Tamilnadu or elsewhere in her vast sphere of influence.
But the moot question is: Who else has secretly earned her blessings? Was the chief justice of Karnataka High Court part of this “mistake”-making process? Did this “arithmetic error” have the blessings of the Chief Justice of India? And what about the Law Ministry and the Prime Minister’s office? Was this brilliant arithmetic part of Namo’s political arithmetics?
And last question: If Justice C R Kumaraswamy is not immediately pulled up and this judgment is not corrected, is higher judiciary still worthy of our respect? Or is it worthy of our utter contempt?