NEW DELHI: The Supreme Court on Wednesday delivered a split verdict in an appeal filed by P Nallammal, wife of late A M Paramasivam, a former AIADMK minister, challenging her conviction in a disproportionate assets case. The two-judge bench, comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, differed in their opinions on her guilt.Justice Dhulia upheld Nallammal’s conviction, stating that the prosecution had successfully demonstrated that she possessed assets grossly disproportionate to her known sources of income. He emphasised that under Section 13(1)(e) of the Prevention of Corruption Act, the burden of proof shifts to the accused. “It becomes the responsibility of the accused to dislodge the presumption against them,” he observed in his judgment.However, Justice Amanullah acquitted Nallammal, noting the absence of concrete evidence. He stated there was insufficient proof beyond reasonable doubt to show that Nallammal had conspired with or intentionally aided her husband in committing the alleged offences. Referring to sections 13(2) read with 13(1)(e) of the Prevention of Corruption Act, he held that the acts attributed to Nallammal did not fall within the scope of Section 107 of the IPC, which pertains to abetment. “It would be unsafe to sustain her conviction with the aid of IPC Section 109,” he ruled. In light of the split verdict, the bench directed that the matter be placed before the CJI for orders.
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