We reiterate, suspicion, however strong, cannot take place of evidence.
– Hon’ble Justice Ahsanuddin Amanullah, P. Nallammal v. State, [Criminal Appeal No. 2489 of 2025].
Our disagreement is on culpability of P. Nallammal, Wife of since deceased A.M Paramasivam. There is no doubt, mere registration of ‘disproportionate assets’ in name of a Public Servant’s Relative or Friend does not make such person guilty of abetment of offence of Section 13(1)(e) of The Prevention of Corruption Act, 1988. Where there is abetment by a Close Relative in corruption matters, such as a Spouse as in present case, culpability of such a Relative has to be tested by surrounding circumstances and his/her overall conduct.
It is very hard to believe P. Nallammal was not aware, assets which were in her name were not acquired from A.M Paramasivam’s ‘legitimate sources of income’. It was never P. Nallammal’s case, she was not aware A.M Paramasivam had been purchasing properties in her name by using funds gained from ‘illegitimate sources’. P. Nallammal intentionally aided A.M Paramasivam in accumulation of ‘disproportionate assets’.
I make it clear, my delivery has taken more time than usual. But then, I was only handed over Justice Ahsanuddin Amanullah’s opinion a fortnight back.
– Hon’ble Justice Sudhanshu Dhulia, P. Nallammal v. State, [Criminal Appeal No. 2489 of 2025].
Note: Judgment was Reserved on 03.09.2024.
