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J Deepa, niece of former AIADMK chief, stated since the proceedings stood abated in terms of judgment by the apex court in 2017, Jayalalitha cannot be treated as a convict resulting in the confiscating of properties seized by the prosecution.
Filing an appeal against the High Court order, she said Jayalalitha's legal heirs are entitled to claim back all the properties which were confiscated and attached in connection with the case.
"Petitioner being the Class-II legal heir of late Dr J Jayalalitha as recognised by the High Court of Madras is entitled to properties seized in connection with... pursuant to abatement of criminal proceedings against Jayalalitha," the petition before the top court stated.
After the acquittal order of the High Court on May 11, 2015, Jayalalitha passed away on December 05, 2016, i.e., before the judgment of the top court on February 14, 2017.
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The petition of her niece stated, "In terms of the judgment of this court, all the proceedings against Jayalalitha stand abated and there is no presumption of guilt based on the conviction and sentence passed by the Special Court," it said.
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It added, "The law by this court that no person shall be deprived of his property save by authority of law and the state cannot dispossess a citizen of his/her property except in accordance with the procedure established by law."
She pointed out that post the Karnataka High Court's order, the Special Court passed an order dated January 29, 2025, transferring the properties confiscated to the government of Tamil Nadu and instructed the Registrar, City Civil Court, Bengaluru to make necessary arrangements to hand over the properties to the state government.
The appellant has challenged both the orders -- the January 13 judgement of the High Court and the Special Court's order of January 29, 2025.
The petition also sought an interim stay on High Court and Special Court orders.
