The Supreme Court on Wednesday referred to a larger bench the question if the appeal filed by former Tamil Nadu chief minister J Jayalalithaa is to be heard afresh or the Karnataka High Court could pronounce its verdict in the plea challenging her conviction and four-year jail term in the corruption case.
Justice Madan B Lokur said that continuation of Bhavani Singh as the special prosecutor in appeal proceedings was vitiated and bad in law, and hence the appeals required to be heard afresh.
However Justice R Banumathi held otherwise, saying Singh’s continuation was valid since a special prosecutor is attached to a case and not to a region or forum.
The matter will now be referred to a three-judge bench. The Karnataka High Court was on the last date asked by the top court not to deliver verdict till its decision. This stay is likely to continue in view of the dissenting judgement.
Justice Lokur, in his judgement, also regretted the extraordinary delay in finally deciding the case and said the criminal justice delivery system had come out to be a loser. It lamented use of money and political power to influence the system.
The court was hearing a plea by DMK leader K Anbzhagam, challenging appointment of Singh as special public prosecutor during the hearing of appeal in the HC.
The HC has concluded its hearing on appeal in the case relating to amassing assets to the tune of Rs 66.65 crore unknown to sources of income of Jayalalithaa.
Anbazhagan had alleged that the prosecutor in the case was “hand-in-glove” with the accused and his continuance would cause “perversion of justice”. He claiimed the prosecutor facilitated the accused and did not oppose Jayalalithaa’s plea for suspension of sentence and bail before the HC.
He claimed Singh’s appointment was confined to trial court proceedings only.
Jayalalithaa, on her part, had defended Singh’s appointment saying he was to conduct the case at all stages including appeal.
During the hearing, the role of Karnataka government also came in for criticism by the apex court. The state government did not issue fresh order retaining Singh to represent the case behalf of Directorate of Vigilance and Anti-Corruption (DVAC) of Tamil Nadu government. Neither, it appointed anyone else to represent the prosecution side.
Indian Express | April 15, 2015
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