By requesting the Chief Justice of the Karnataka High Court to form a Special Bench to hear arguments “exclusively” for two whole months on the four criminal appeals in the Rs. 53-crore disproportionate assets case against former Tamil Nadu Chief Minister Jayalalithaa and three others, the Supreme Court on Thursday went the extra mile to ensure that the appeal proceedings were not prolonged.
A Bench headed by Chief Justice of India H.L. Dattu ordered day-to-day hearing and completion of the appeal proceedings in the High Court, while making a mention that a Special Bench was required “keeping in view the peculiar circumstances” of the case. The Bench, however, did not elaborate on the matter.
Under the new law of corruption, Ms. Jayalalithaa can contest the Tamil Nadu Assembly election in 2016 only if she is exonerated of corruption charges by a higher court. Even the imposition of fine under the Prevention of Corruption Act makes her ineligible to contest. Under the present circumstances, the possibility of an early and complete acquittal by a higher court works in her favour.
The Special Bench, which has to be set up immediately, would now devote two months to hear these appeals. The Supreme Court has left it to the Chief Justice of the High Court to decide whether there should be two judges or a single judge on this Bench.
The order came on a petition by Ms. Jayalalithaa challenging the Karnataka High Court order refusing to suspend the execution of her sentence and grant of bail in the assets case.
It was Ms. Jayalalithaa’s assumption that the High Court would take at least four years to decide her appeal during which she would have to be in prison. The trial in the case, on the other hand, had taken 18 years to complete.
Plus, the Supreme Court has calculated that the judge(s) would require a month’s time to write the judgment on the criminal appeals considering the 173 volumes of records in the case.
The plea for a day-to-day hearing of the appeals in the High Court came from the lawyer of the accused, K.T.S. Tulsi.
