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Updated: February 19, 2012 15:10 IST

Citing BJP pressure in Jayalalithaa case, Karnataka AG quits

Staff Reporter
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B.V. Acharya pointed out that the Karnataka government was aware of his assignment as SPP when it appointed him Advocate-General in August 2011. File Photo: V. Sreenivasa Murthy
The Hindu B.V. Acharya pointed out that the Karnataka government was aware of his assignment as SPP when it appointed him Advocate-General in August 2011. File Photo: V. Sreenivasa Murthy

Told he can't hold two posts, Acharya prefers to stay as prosecutor

The BJP government in Karnataka suffered another setback on Wednesday, with Advocate-General B.V. Acharya preferring to resign from his post rather than give in to “pressure” from the State government to quit as Special Public Prosecutor (SPP) in the disproportionate assets case against Tamil Nadu Chief Minister Jayalalithaa.

Talking to The Hindu, he said: “For some time, there has been terrible pressure on me to resign from the position of SPP, and I have been resisting it.”

Mr. Acharya said the State government had recently asked him to resign as SPP, stating that he could not continue in two posts. “The State government was apparently under pressure from its central leadership [BJP] that I should quit from the position of SPP in the case against Ms. Jayalalithaa.”

Ms. Jayalalithaa's AIADMK is not part of the BJP-led National Democratic Alliance, but senior BJP leader L.K. Advani described her, at a function in Chennai last month, as a “natural ally” of his party.

Though Mr. Acharya did not name those in the State government who had asked him to quit as SPP, only the Chief Minister has the authority to do so, as the Advocate-General is appointed by the Governor on the recommendation of the Chief Minister.

“I was appointed SPP in the case against Ms. Jayalalithaa on the recommendation of the then Chief Justice of the Karnataka High Court. The direction for appointment of senior counsel as SPP was given by the Supreme Court while transferring the trial of the disproportionate assets case to Karnataka from Tamil Nadu,” Mr. Acharya said. “I am not willing to give up the responsibility of SPP as I was chosen for that assignment by the then Chief Justice.”

Mr. Acharya said: “There is absolutely no bar [on] or illegality in my continuing … as SPP and as Advocate-General simultaneously.”

He also pointed out that the State government was aware of his assignment as SPP when it appointed him Advocate-General in August 2011.

Mr. Acharya was appointed to the post after Chief Minister D.V. Sadanada Gowda assumed office on the resignation of Mr. Yeddyurappa. It was Mr. Acharya's fifth stint as Advocate-General.

The 78-year-old Acharya has been SPP since 2004, and he had simultaneously served as Advocate-General during 2007-08 at the time of two spells of President's rule — soon after the fall of the BJP-JD(S) coalition government and the seven-day BJP government.

Private complaint

He made it clear that his resignation had nothing to do with a private complaint filed against him and others before the Special Lokayukta Court making certain allegations with regard to the running of the Bangalore-based BMS Educational Trust.

Recently, a public interest litigation petition, complaining that he was holding two posts, was also filed in the Karnataka High Court.

More In: Karnataka | National

The present day generation may not be familiar with Saturday evening massacre in USA in 1974 or so. President Nixon demanded the Attorney General Elliot Richardson to dismiss the Special Prosecutor Archibald Cox. When Richardson refused Nixon dismissed Richardson. Then the deputy attorney general became the attorney general. He too refused to dismiss Archibald Cox. Nixon fired him too. Then the then-solicitor general Robert Bork took over the reins. He dismissed Archibald Cox. Thus within a matter of a few hours on a Saturday evening or night three people were fired - a hat trick of a different kind. Years later when Robert Bork was nominated as a supreme court judge the congressmen grilled him and then Bork and President Reagan withdrew Bork's nomination. Bork was a learned man. He fired Archibald Cox because Bork wanted the country to avoid a constitutional crisis and move forward for that time.

from:  T.S.Krishnaswamy
Posted on: Feb 19, 2012 at 01:49 IST

@ Mr.Satish.. What are you trying to suggest? So if some political party is found erring, you will just compare it with Congress and justify the errors and corruptions?!! Instead of condemning a shameful act you are trying to defend it! That itself looks a shameful act!

from:  Jaya Prakash
Posted on: Feb 11, 2012 at 13:22 IST

People bashing BJP have to remember that last time this happened to Santosh Hegde, the BJP leadership promptly intervened, removed Yeddyurappa and reinstated Santosh Hegde. Did this happen in any Congress rule? Even the 2G and Commonwealth cases were filed after years of delay.

from:  Satish
Posted on: Feb 10, 2012 at 02:43 IST

this is good news ,it is universal acknowledged until we have strong anti corruption body at centre like independant c b i under supreme court, we can not expectt any one going to jail and any detterant on looter, whole system is so corrupt,full of conduit who help mighty powerful ,congress ruled for 60 years,but bjp are expected to come to power on honesty,is just another utopian ,in india where public have not option except vote whole those who are notorious and manipulator ,to expect h onesty,is just another utopia ,if independant investigation agency without judicial bill is not enected on highest level,making whole politician to compel think before commiting any corruption

from:  bhupinder
Posted on: Feb 10, 2012 at 00:32 IST

Why make a fuss? The Karnataka Govt is within its right to ask the
Advocate General to dissociate himself with Jayalalitha case and Mr
Acharya has every right to resign as Advocate General and continue as
SPP.

from:  Raj Kumar Jha
Posted on: Feb 9, 2012 at 18:47 IST

The pressure by BJP central leadership on Karnataka Advocate-General B. V. Acharya to resign is yet another example of corruption in high places. Corruption has permeated into every area of our public and private life. No amount of law and punitive measures can wipe it out. Dishonesty and insincerity are very much part of the Indian psyche, and it is deeply ingrained in our DNA. These have become accepted norms in our society. While we claim to be 5000 years old civilization, the truth is that an average Indian has not learned basic lessons of sincerity and truthfulness. This is not to say that there aren’t honest people; people of honesty and integrity are a “rare species” in our society and their number is fast depleting.

from:  Vargis Jos
Posted on: Feb 9, 2012 at 17:24 IST

If the speculation about the quid-pro-quo as spelt out by Acharya is any thing to go by, the misuse of office by Karnataka BJP can hardly be doubted. The bid of the BJP to arm-twist Acharya to relinquish the office of SPP, to facilitate Jayalalithaa's coming out of the legal tangle, hit the road block with the latter's resigning AG's post,though not without retaining the office of SPP much to the discomfiture of BJP. That the race to Janpath road BJP intends to run along with its much liked relay partner AIADMK, throwing into winds the rich traditions, leaves BJP in poor light.

from:  C.Chandrasekaran
Posted on: Feb 9, 2012 at 16:35 IST

Well done Acharya for revealing truth - shame on you BJP & AIADMK. Yesterday watching interesting videos in assembly today this - hypocrites!

from:  Manish Tiwary
Posted on: Feb 9, 2012 at 15:56 IST

It is really heartening to note that "THE HINDU" could bring out this
news and not any other newspaper or electronic media. After "pronscam", the AG's resignation may trigger into a potential "case-scam" embarrassing the Government in Karnataka. As far as Mr.Acharya is concerned, he has demonstrated enough courage and conviction in resigning from the post of AG instead of yielding to the Government's pressure. It only shows that there are still some people around who believe in professional ethics and moral values.

from:  M.Siva Kumar
Posted on: Feb 9, 2012 at 15:52 IST

True colours of BJP & AIADMK exposed - truly natural bribing allies!

from:  Dr.Sathish
Posted on: Feb 9, 2012 at 15:51 IST

The ugly face of the BJP is seen here again and again in Karnataka.
The BJP is no way better than any party in the Country, all are sailing in the same sinking boat in the coovam .Evan God can not save India.Corruption in thoughts and deeds,here and every where. Real face of India is now ugly and dirty.The RSS should be ashamed of happenings in Karnataka under BJP rule.

from:  KB.Sundram.Tamilnadu
Posted on: Feb 9, 2012 at 15:43 IST

The political parties in our country are thriving mostly on corruption. The only aim of the politicians to cash in during the tenure in power. When elected to any public office make use of it to maximise. We can see the amount of money they pay to the political party to obtain the Ticket (Just to contest) and the money they spend during the election is unimaginable. Who will spend so much money to just to earn few thousand rupees as a salary? This is the lucrative business, which can give minimum 100 times on the return on investment. We don't need to be highly educated or intelectual to understand this arthimatic. The Municipal Councillor makes few crores with in few years in power! imagine how much an MLA/MLC or MPs make during their tenure? The morality in the education, righteousness has replaced with the new tendency in the society with just one primary objective, that is make money as much as you can and whatever way possible. Expecting rightouness is futile, we day dream.

from:  Mohamed Rafi
Posted on: Feb 9, 2012 at 15:26 IST

where is the news on SIT completing the investigation on Modi. It does not favor those anti Modi propaganda machine. no head line on this here, neutral newspaper

from:  Bala
Posted on: Feb 9, 2012 at 15:24 IST

Its a Shame that we have a chief minister who is prolonging the cases for almost 15 years. Out of all the women leaders she is the only leader who is NOT BRAVE but happy to call IRON lady.

from:  Rajan
Posted on: Feb 9, 2012 at 15:05 IST

Same old story, Ms. Jayalalitha escaped from TANSI case with the support of
bjp last time. this time also she try escape thro BJP. We thought bjp
is alternative to congress, but these ugly incidents strongly shows
congress better than bjp.

from:  parthasarathy
Posted on: Feb 9, 2012 at 15:00 IST

Justice Delayed is Justice denied
SC ordered Day to Day hearing
I could not understand that judgment since then i believe 5 years had gone.
long live judiciary and its procedures

from:  palaniswamy
Posted on: Feb 9, 2012 at 14:59 IST

Am not sure whether The Hindu will publish this BUT here goes: i) Where does Ms Jayalalithaa figure in this? ii) The "natural allies" concept is just 4/5 weeks old & how does this translate into "sometime"? iii) The hearings so far have shown that Ms Jayalalithaa has answered - satisfactorily - questions relating to 64 Crores+ so far, iv) has to account for only Rs. 2+ crores, v) Why doesn't this SPP go after the other scams in Karnataka itself running into 1000's of crores instead of diligently pursuing his "mandate" to see that somehow Ms Jayalalithaa is framed & fixed, vi) don't forget that this case was filed by DMK Luminaries who have vested interests to pursue this case NOT TO SPEAK of Ravanan/Divaharan & Company who want Ms JJ unseated - even if temporarily - so that they can occupy the CM's gaddi. Sorry, let the AG get ready to answer some real questions.

from:  R RAJAGOPAL
Posted on: Feb 9, 2012 at 14:31 IST

It's really sad about it. He's holding post since Aug2011, nobody has complaint, now why the grave situation? Now Supreme Court has to intervene, let him continue as SPP untill Jaya's case closed. It's keen on public request and demand.

from:  Syed
Posted on: Feb 9, 2012 at 14:22 IST

The judge cannot hold two positions concurrently. So legaly he was asked to give up one. What is wrong in it? Why bring in 'natural ally' talk, etc. This is height of imagination. Now if someone blames the govt people tend to believe as congress govt has done it to such a level. But the judge should reveal his real reason.

from:  Anonymous
Posted on: Feb 9, 2012 at 14:17 IST

Now , in India both ruling congress party and opposition Bharateeya Janatha Party are fully corrupted. The only choice that we had is to choose the regional parties. I think they only give the bright future to us in the future.Regional political parties like AIDMK in Tamilanadu, Telugudesam party in Andhra and JanataDal(U) in karnataka............

from:  hareesh naidu
Posted on: Feb 9, 2012 at 13:49 IST

One by one the true color of the BJP is getting exposed.The intelligent
public know, how corrupt and crooked the ways of that party are, in all
their political dealings.There is dearth of sincere and secular people
in that party. their partisan policies pose a threat to the integrity of
the nation.

from:  R K Dinesh
Posted on: Feb 9, 2012 at 13:25 IST

I don't understand why the cases belonging to politicians alone are pending for years and never seem to conclude. I understand that's the main reasons that politicians do not afraid to do anything against law. When the court policies can be streamlined with deadlines? Who can help the courts?

from:  Shyam
Posted on: Feb 9, 2012 at 13:19 IST

Keep up your good spirit Mr.Acharya. Do justice to your post that it
what as a true Indian we want. Long Live Justice. By seeing people
like you, Justice Saini and Justice Gangulay we have got confident in
our judiciary system.

from:  Pooventhan
Posted on: Feb 9, 2012 at 13:18 IST

Only when judiciary is allowed to work independent of the executive will there be law and order for the common man in this country. This is a classic example of executive interfering with the judiciary just for the sake of political convenience.

from:  Murali
Posted on: Feb 9, 2012 at 12:35 IST

BJP is now a days becoming worst than the Congress. My advice to BJP is
to desist from such pressures, otherwise you may lose the elections not
only in Karnataka (future) and elsewhere in the country. Beware of such
tactics

from:  A.C.Gurunath
Posted on: Feb 9, 2012 at 12:19 IST

This is how Ms,Jayalalitha is fighting the disproportionate wealth from 1996.She knows the fact that the BJP who is dreaming of winning the 2014 general election will have to ask the favour of supporting them to form a govt in the Centre [ and she and her AIADMK Ltd Company has the right to withdraw the support at any given time ]So She and her recent Political adviser CHO Ramasamy planed this big Political project 2014.The Central BJP with the blessing of Advani might have asked the Karnataka BJP bosses to give pressure to Mr, Acharya to either act in favour of Jayalalitha or else resign from SPP.
Why Mr,Acharya should resign? It is heartening to note that the electronic medias like NDTV who always reports such news have failed to report such important news,even Tamil news channels have failed [?] to report this news,and I appreciate the National news paper who is always the front runner in publishing such very important news.

from:  V.Shanmuganathan
Posted on: Feb 9, 2012 at 12:19 IST

Where is Mr. Anna Hazare on this? What are their team members views on this major issue. Don't Blame Jayalalitha or the other accused for the wrongs being done by BJP

from:  R. Senthil Kumar
Posted on: Feb 9, 2012 at 11:27 IST


What a sort of pressure behind the scene! Justice in this wealth case is already delayed. When will the country be freed from crooked politicians? Long live Indian brand of democracy!!

from:  A.RAJAMOHAN
Posted on: Feb 9, 2012 at 11:04 IST

The writing is on the wall, it is such a sad situation we find ourselves in. One side there are honest professionals wanting to do their jobs in the best possible manner and on the other there are this set of people who want to latch on to power at whatever cost. There seems to be no answers to, how does one get accountability into the system, unless each individual works upon himself and ensures that he delivers what is right to the cause he is committed to, there can be no sure shot solution. It is really comendable that people such as Mr. Acharya are standing up to the might of this politicians most of whom are goons in diguise.

from:  Sanat Attavar
Posted on: Feb 9, 2012 at 11:01 IST

now one can understand how AIADMK became a natural ally to BJP..Politicians are partners in doing mockery of judiciary.

from:  balaji
Posted on: Feb 9, 2012 at 10:37 IST

In this society and the prevailing social system there is no hope of getting justice or punishment to the culprits, particularly when the accused are occupying higher positions, more particularly in cases of corruption. Same goes with this case of disproportionate assests case against Jayalalitha too. Very few people who are sincere and honest even in this all pervading corruption and engulfing of all sorts of moral turpitude are silver lines in the dark but for whom the whole society will turn insane. Thanks to people who fight against corruption in their own limited sphere and in their own way.

from:  Sumathi
Posted on: Feb 9, 2012 at 09:50 IST

One by one the true color of the BJP is getting exposed.The intelligent public know, how corrupt and crooked the ways of that party are, in all their political dealings.There is dearth of sincere and secular people in that party. their partisan policies pose a threat to the integrity of the nation.

from:  Raju Varghese
Posted on: Feb 9, 2012 at 09:28 IST

Ugly...Ugly...Ugly Indian Politics and Politicians! Honestly BJP is fast losing its contention as an alternative to Congress. Congress, inspite of record corruption charges against, is showing maturity in its functions and actions and holding its ground! BJP seemingly is losing its contention even before it had anything, that shows its immaturity. I think we have no choice left, except to choose a wise fool again in Congress, than going in for a total fool in BJP. I had wondered many a times, how and why Congress was elected over and over again in India, I get the answer now, Congress is worse, but the oppositions are the worst!, so we the people, never got a choice!

from:  Jaya Prakash
Posted on: Feb 9, 2012 at 09:19 IST

So Jayalalitha has to resign taking moral responsibility. It is similar to threatening some one.

from:  T.Subramanian
Posted on: Feb 9, 2012 at 08:38 IST

It is highly unfair on his part to accept the position of AG while serving as a full time SPP. It is not like handling two cases by an advocate. Both the positions require full time dedicated services.

from:  srini Jonnalagadda
Posted on: Feb 9, 2012 at 08:36 IST

BJP bashing has become a style. Real reason is a public complain against his irregularities in bms trust and holding two contrary posts at same time, but he finds it reasonable to blame it on BJP rather than his own misdemeanours

from:  karthik m
Posted on: Feb 9, 2012 at 08:34 IST

This is the same story that comes back time and again. This time it is the state that is interfering the judiciary. I did choose to leave the law practice in India and move to this adopted land; thanks to the judiciary the way it operated reversely, I mean the cases from the judiciary to the law-practicer, if there is such a word! Looks like there is a long way to go in India. If it’s not money it will be power that can move around effortless! I think I made the right choice!

from:  Raj S Ram
Posted on: Feb 9, 2012 at 07:09 IST

South India has plenty of Law experts and there is no need for some to hold two high positions. There may be some potential conflict of interest as well.

from:  Shiva
Posted on: Feb 9, 2012 at 07:08 IST

Why should he resign as SPP at the last stage? If there is no legal bar on his being in both the posts, he can complete the assignment and then be the AG. He is sure to get strong support from his state's governor. His arguments are not convincing.

from:  Dr S Srinivasan
Posted on: Feb 9, 2012 at 06:08 IST

Politics is like a drainage pit,and don't know why media keeps delving into it. Common man is fed up of reports on scams, scandals e.t.c, Don't think India will be freed of these ever. Even Lok Pal can become a corrupt body, if Indians don't change their mindset, indeed if every minister is like Acharya, India can dream of becoming a prosperous country at least in another 50 years

from:  Sriram Padmanabhan
Posted on: Feb 9, 2012 at 05:09 IST
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