Law Intellect India

Jayalaithaa’s disproportionate assets case: SC terms special public prosecutor’s appointment ‘bad in law’

Jaya case: SC rules out changing prosecutor
Jaya case: SC rules out changing prosecutor

NEW DELHI: The Supreme Court on Monday said that the Tamil Nadu government has no authority to appoint special public prosecutor in J Jayalaithaa’s disproportionate assets case.

“Karnataka has the power of being the sole prosecuting agency in the case,” the SC bench added.

READ ALSO: Jayalalithaa’s disproportionate assets case

The SC said that the appointment of Bhawani Singh as special public prosecutor is “bad in law”.

Bhawani Singh was appointed as special public prosecutor by Tamil Nadu’s directorate of vigilance and anti-corruption (DVAC).

A three-judge bench, however, said that there is no justification in holding the case afresh. It, however, allowed the Karnataka government and DMK leader K Ambazhagan to file written submission before the HC, which has already reserved its verdict in the case.

A bench headed by Justice Dipak Misra said that HC verdict must reflect the court took into account their written submission.

The apex court had on April 17 extended Jayalalithaa’s bail till the Karnataka high court disposed of her appeal against her conviction and sentencing.

The four others whose bail was also extended were Jayalalithaa’s aides N Sasikala, VN Sudhakaran, and J Elasvarasi.

The apex court on December 18, 2014 had extended their bail by four months with a direction to the high court to hear their appeal and pronounce verdict by April 17, 2015.

The Bengaluru trial court had convicted Jayalalithaa for possessing assets disproportionate to her known sources of income and sentenced her to four jail terms and Rs 100 crore fine. The case lasted for about 18 years.

The case relates to the period from 1991 to 1996 involving Rs 66.65 crore when Jayalalithaa became chief minister for the first time.

(With inputs from agencies)

TOI | Apr 27, 2015

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