AIADMK chief Jayalalithaa’s efforts for an early release on bail has suffered an initial setback as the Karnataka High Court on Tuesday adjourned the hearing on her petitions to October 6. She had challenged her conviction in the Rs. 53.6 crore disproportionate assets case and sought suspension of sentence and release on bail.
Vacation judge Justice Rathnakala adjourned the hearing after G. Bhavani Singh, who was the Special Public Prosecutor (SPP) for the trial of the case before the Special Court, said that he has not received any communication from the Karnataka government for continuing as SPP before the High Court.
“I have read in media reports that the government has appointed me as SPP but I have not received any communication in this regard. The government has to issue a fresh notification appointing an SPP for these petitions, as I was the SPP only for conducting trial before the Special Court,” Mr. Singh told the court.
Mr. Singh had appeared before the Bench as the counsel for Ms. Jayalalithaa, and her aides had served to him a copy of the appeals filed before the High Court against the Special Court’s September 27 verdict.
Following Mr. Singh’s submission, the Court adjourned hearing to October 6 while orally observing that the Court could not pass order without objections from the prosecution and there was no clarity on who should represent the prosecuting agency – the Directorate of Vigilance and Anti-Corruption, Chennai.
However, senior advocate Ram Jethmalani, who appeared for Ms. Jayalalithaa, said that he would convince the Court to take up the case for hearing on merit if some time was given to him to present the facts.
Another advocate, Hashmath Pasha, representing J. Elavarasi, pointed out that the Special Court’s order cannot be sustained and requested the court to hear the facts of the case.
When the judge refused to hear the arguments, pointing out that she has already adjourned the hearing to Monday, the advocates requested the court for hearing the case on October 1. However, the judge said there was no sitting on October 1 as the court was closed for Dasara vacation and orally told them that they were free to move the Registry with a request to constitute a bench to hear the petitions on October 1.
