DMK leader K. Anbazhagan’s counsel, senior advocate T.R. Andhyarujina said a totally wrong interpretation has been given to Section 301 of the Criminal Procedure Code to allow Special Public Prosecutor (SPP) Bhavani Singh unbridled authority to represent the prosecution in the High Court. Mr. Andhyarujina submitted that the government order appointed Mr. Singh as SPP only in the trial court.
Senior advocate Fali Nariman, who secured bail for former Tamil Nadu Chief Minister Jayalalithaa from the Supreme Court after conviction and imprisonment in the Rs. 66.65 crore disproportionate assets case, submitted that the apex court had given the High Court a deadline of April 13 to decide the appeals. These proceedings may lead to delay, Mr. Nariman said.
“But we are not staying the appeal hearing in the High Court. As of now the question of stay does not arise. We will hear the pleas and may be if required the date can be extended from April 13 to April 30,” Justice Lokur responded.
The court further issued notice to the Karnataka government and sought the impleadment of the other accused besides Ms. Jayalalithaa.
Mr. Anbazhagan had moved the Supreme Court on February 20 challenging two separate orders passed by the High Court.
In the first order on February 5, the High Court dismissed Mr. Anbazhagan’s plea to help the prosecution in the appeals while observing that he is a “political opponent” and has no statutory right.
On February 11, the High Court rejected his challenge against Mr. Singh’s authority as SPP.
Ms. Jayalalithaa and three co-accused were convicted under the Prevention of Corruption Act for amassing wealth disproportionate to their income during the AIADMK leader’s tenure as Chief Minister of Tamil Nadu between 1991 and 1996.
Mr. Anbazhagan recalled how he had in 2013 given “a representation to the government of Karnataka and the Hon’ble Chief Justice of the High Court of Karnataka against Bhavani Singh detailing the allegations of collusion with the accused.”
The petition said the original notification of February 2, 2013 on appointment of Mr. Singh as prosecutor was limited to the trial stage and it cannot be “stretched” to include the appellate stage also.
Mr. Anbazhagan denied that his view was coloured by “political vendetta.”
