HC declines DMK plea to discontinue SPP in Jaya DA case
Bengaluru: The Karnataka High Court today rejected a prayer by DMK leader K Anbazhagan seeking discontinuation of Bhavani Singh as Special Public Prosecutor in the special bench hearing appeals by former Tamil Nadu Chief Minister Jayalalithaa and three others challenging their conviction in a disproportionate assets case.
Justice Anand Byrareddy, before whom the petition came up for hearing, directed Anbazhagan and the Karnataka government to approach the Supreme Court for clarification on the issue of procedure of the appointment of the SPP as it was improper for him to interpret its order relating to the bail plea filed by Jayalalithaa.
“Since the Supreme Court in its order on giving bail to Jayalalithaa was silent on the issue of procedure of appointing the SPP, this court wouldn’t like to interpret the apex court’s order,” Justice Byrareddy observed.
He also said Anbazhagan and the Karnataka government can seek clarification from the apex court on the issue of procedure of appointment of the SPP.
On January 14, Justice Abdul Nazir had referred back Anbazhagan’s petition to the special bench hearing appeals filed by Jayalalithaa and three others against their conviction and four years jail term awarded by a special court in the case on September 27, 2014.
Justice Nazir had said that Chief Justice D H Waghela, would, however, pass orders on allotting Anbazhagan’s petition. Thereafter, the Chief Justice of Karnataka allotted the petition to Justice Byrareddy.
When the matter came up, senior counsel for Anbazhagan, C V Nagesh argued that Singh was not appointed by the Karnataka government as per the Supreme Court guidelines, but by Chennai-based Directorate of Vigilance and Anti-Corruption (DVAC), under the control of the AIADMK government