Madras HC Upholds 1 Year Jail Term For 80-Year-Old Wife Of Former Minister In Disproportionate Assets Case

The Madras High Court upheld a Trial Court judgment convicting P Nallammal, the 80-year-old wife of former AIADMK minister late AM Paramasivan and sentencing her to one year rigorous imprisonment.

The Bench of Justice Dr G Jayachandran refused the plea to spare the 80 year old from incarceration observing that there cannot be further reduction of sentence.

This came 20 years after a local sessions Court convicted the minister and his wife in a case of possessing assets disproportionate to their declared sources of income.

Counsel M Velmurugan appeared for the appellant, while APP Babu Muthu Meeran appeared for the respondent.

In this case, the Court was hearing appeals filed by the accused in 2000, challenging their conviction and sentence. Notably, Paramasivan had passed away in May 2015, and his wife was before the Court.

The High Court observed that it was evident that the minister had acquired wealth much beyond his known source of income, notably, in his own name as well as in the name of his wife and minor children. In that context, it was said that, "it is evident that the deceased first accused being a Publi Servant had acquired wealth above 400% of his known source of income. From undeclared source, the properties been acquired by the public servant (A1) in his name and in the name of his wife (A-2) also in the name of his minor children. A-2 have lend her name for purchasing the property through source undeclared".

The Court refused to grant any concessions based on old age, ill-health, or otherwise, regarding the sentence to be served. In that vein, the Court said that, "The offence being acquiring wealth by a public servant beyond his known source of income and A-2 for aiding the public servant, had been sentenced for one year R.I being the minimum sentence prescribed under the law. So there cannot be further reduction of sentence. In such circumstances, the appellant/A2 has to be sentenced to undergo atleast the minimum sentence which is one year."

Subsequently, the appeals were dismissed and the connected petitions were closed.

Cause Title: A.M.Paramasivan (died) & Anr. vs State

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