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Updated: August 15, 2012 11:17 IST

Prosecutor quits in Jayalalithaa case

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B.V. Acharya, Special Public Prosecutor in the disproportionate assets case against Tamil Nadu Chief Minister Jayalalithaa. File Photo
The Hindu
B.V. Acharya, Special Public Prosecutor in the disproportionate assets case against Tamil Nadu Chief Minister Jayalalithaa. File Photo

Says he has suffered at hands of “interested parties” who wanted him to quit long ago

B.V. Acharya, Special Public Prosecutor (SPP) in the disproportionate assets case against Tamil Nadu Chief Minister Jayalalithaa, on Tuesday resigned from the post, stating that he “had suffered untold hardship and embarrassment at the instance of interested parties whose sole objective appears to be to get rid of me as SPP.”

Mr. Acharya resigned from the post of Advocate-General in February this year, alleging that the BJP government in Karnataka was “pressuring” him to quit the post of SPP.

When contacted, Mr. Acharya, 78, said: “The interested parties, having failed to achieve the objective by inducements and threats, initiated several proceedings with [an] oblique motive. Petitions were filed before the High Court and the Governor seeking my removal from the post of SPP when I was holding the post of Advocate-General.”

“As a last resort, a private complaint was filed before the Special Lokayukta Court making false and baseless allegations against me, citing my position in the BMS Educational Trust, and an order was obtained for investigation against me. Finally, the High Court recently quashed that complaint, imposing a fine of Rs. 50,000 on the complainant. The filing of complaint and the order for investigation have hurt me deeply, causing acute embarrassment and mental agony to me,” he added.

Even the High Court, in its August 3 order quashing the complaint against him, had found that there was “sufficient weight” in Mr. Acharya’s contention that the complaint was motivated, and was an attempt to humiliate and coerce Mr. Acharya to quit his post as SPP.

Sources close to him said Mr. Acharya, who was appointed SPP in 2005 after the case was transferred to Bangalore from Chennai by an order of the Supreme Court, has narrated in his resignation letter the lack of progress in the trial due to the “obstructionist attitude” of defence.

Mr. Acharya is said to have stated in the letter that he was not in a position to withstand the strain attached to the office of the SPP owing to these false allegations. He is also said to have expressed his “helplessness” in continuing in the post, though, by resigning he might be allowing the “interested parties” to achieve their objective [of removing him from the post of SPP] as he had to take care of his health too.

He is also said to have stated that he accepted the assignment of SPP assuming that it would be over in about a year, but even nearly eight years after the transfer of the trial to a Bangalore court, not much progress had been made because of petitions filed by the accused regularly before the High Court as well as the Supreme Court.

The chief justice, India Against Corruption, Lok Satta, The Hindu, Acharya, Santhosh Hegde, Anna Hazare and whoever is willing to care for the country to come together and keep the spotlight on this case and bring it to its logical conclusion. The cauvery Delta farmers can kiss good bye to the water. Now Amma is obligated to shut up. What a shame!!

from:  Karthik
Posted on: Aug 16, 2012 at 01:52 IST

Definitely it is a national shame. Power of money and authority always wins in our country. No place for honesty and integrity. ANNA' preaching
of DUTY DIGNITY AND DISCIPLINE has never been followed by the party keeping the name of ANNA. It should be made a law that the MLA,MP,CM ETC CANNOT BE QUESTIONED LEGALLY. Atleast the country can save a huge amount of money-presently spending a fortune in each of the politician's case. We are back to the era of KINGS only thing every politician is a KING

from:  nisha
Posted on: Aug 16, 2012 at 00:12 IST

Who are those interested parties? Why don't the Supreme order an inquiry and book the culprits?

from:  S Viswanathan
Posted on: Aug 15, 2012 at 23:17 IST

One cannot and should not blame the corrupt Amma or BJP in Karnataka for turning this trial into damp squib. It was expected that these cases will be dismissed after wasting crores of tax payer's money. The people should take the entire blame for voting Jayalalithaa and corrupt BJP in karnataka. Our only chance is to wait till the election day and vote the corrupt out and elect a new clean representative.

from:  Tony
Posted on: Aug 15, 2012 at 23:11 IST

The matter should be investigated to find out under what & who's
pressure the SPP has taken this unfortunate decision.

from:  S Viswanathan
Posted on: Aug 15, 2012 at 23:11 IST

Yet another example of how genuine, honest people are prevented from
doing their jobs properly by the so called powerful politicians and
Specially appointed Public Prosecuters have no age limit as long as
they are capable of handling their job.

from:  prabhu
Posted on: Aug 15, 2012 at 13:36 IST

It is clear how insidious and prevalent corruption is in our country these days. We are ruled by people unfit to be leaders. Who have no clue what political leadership is and what it demands. What a fall from the likes of Mahatma Gandhi to people like J Jayalalitha and Mamta Banerjee and before them Indira Gandhi. Who subvert the system for their personal ends. Who destroy institutions instead of safeguarding them. It also says volumes about the people who elect them, aren't they corrupt too? Have you recently heard of any politician who has resigned because there is a 'case' against him / her? I fear for my country and its children for it is they who will suffer.

from:  Khan Md Ashraf
Posted on: Aug 15, 2012 at 12:25 IST

Indeed, very sad! This is the death knell of whatever good remains of
Indian judicial system. Who is really prosecuting Jayalalaitha? The
State of Tamilnadu or the SC or private petitioners from the DMK? I
think it is better to wind up this expensive process which has dragged
on for 15 years and has led nowhere. If Jayalalitha- Sasikala
prosecution folds up what can we expect from cases against A Raja and

from:  R.Sundaram
Posted on: Aug 15, 2012 at 12:03 IST

It is a national shame. The country and its people should stop
celebrating annual rituals like Republic day and Independence day etc.
No hope for India .

from:  ravi v
Posted on: Aug 15, 2012 at 10:52 IST

System has failed systematically. Change the system. hmmm easier said than done.

from:  Karthik
Posted on: Aug 15, 2012 at 10:38 IST

It's such a pity. He had such a long career ahead of him at 78 years of age. It must be painful to have it so abruptly truncated by vested interests.

PS: How does one continue to work for the government at 78 (SEVENTY EIGHT) years of age? Even Supreme Court judges retire at 65.

from:  Raj
Posted on: Aug 15, 2012 at 10:35 IST

Mr. Acharya is one of those very few people in the legal division who
wants to see justice prevail amidst all kinds of insidious hindrances
by the defendants. He stood tall. However the defendants have their
way in obstructing justice. It is good he leaves and takes a good
retirement. The case will be set aside when none of us will be able to
remember the disproportionately earned 66 crores and Jayalalitha.
Justice Mallikarjuna in this case will have to retire on 31st August
leaving behind a lot of time to start all over again probably another
two decades.

from:  Richard Kamalanathan
Posted on: Aug 15, 2012 at 08:47 IST

Case against jayalalitha is falsely foisted by karunanidhi. Now both are happy. Public money is unnecessarily wasted.

from:  v kumar
Posted on: Aug 15, 2012 at 08:44 IST

So madam Amma finally has her way! We should appoint robots to deal with such cases as no one can pressurize them nor will they need medical help in case of heart attack!

from:  Rajnish
Posted on: Aug 15, 2012 at 08:41 IST

Very sad to hear it that too on the eve of independance day! Our country is yet to get independance from corrupt politicians.

from:  Paramaguru
Posted on: Aug 15, 2012 at 07:58 IST

The report under the headline "Prosecutor quits in Jayalalithaa case" makes one feel pity for the miserable plight of Mr.B.V.Acharya, the Special Public Prosecutor in the disproportionate assets case against Ms.J.Jayalalithaa. The Setuagenarian advocate with rich experience would have been well aware of the fact that all accusations and complaints against individuals need not be genuine amd, as such,they would be causing much mental agony to the innocent victims. Now, when it has become his turn to suffer mental agony under one such circumstances, he has realised the gravity of it. Unmindful fo such problems many face, advocates still continue to argue and win cases even for those who lodge false complaints, stating that it is their professional dharma. There cannot be different yardsticks for oneself and others.

from:  K.D.Viswanaathan
Posted on: Aug 15, 2012 at 07:44 IST

In this "Great Country". there appears to be no importance to values,
honesty and principles and everywhere crooked people have found ways
to bend laws for their survival.In the absence of strong law and order
and strict enforcement thereof, it has become very difficult for
with conviction and courage to function freely. On this Independeance
Day, I can not but recall those words of Winston Churchill describing
the things to follow -- our people are trying hard to prove themselves
worth of being true to his scathing remarks! What else to say? We can
simply hope that only time will change all these.

from:  Anantharaman
Posted on: Aug 15, 2012 at 07:27 IST

God knows where this country is heading now. All corrupt politicians at helm, steer away from legal course for personal benefit. Corrupt sonia & team at centre do not have clue about what's happening. While countries like China marching ahead although few corrupt politicians there as well, our plotician must take cue from neighbour for country development.

Entire ploitical system need revamp, to be highly comepetitive in world arena.

from:  Natarajan
Posted on: Aug 15, 2012 at 07:02 IST

Reading Mr. Acharya's resignation announcement, one can't help but wonder if our courts are up to the challenge of delivering decisions in a timely manner. One would think that's where some judicial activism from the Supreme Court and High Courts would be in the public interest. Lack of effective functioning of the judicial arm encourages corruption and lawlessness in the country. Our courts must show some leadership in dealing with obstructionist behaviour by litigants and their lawyers.

from:  virendra gupta
Posted on: Aug 15, 2012 at 06:47 IST

Who will save my country?

from:  Mahesh
Posted on: Aug 15, 2012 at 06:40 IST

it is appalling....Whatever the facts it looks like he has been subjected to emotional stress and psychological coerciondriving him to throw up his hands.

Except democracy, no other political system would allow this kind of hijacking of justice.Can't the Chief Justice of India do anything about this?

from:  Ven Sardi
Posted on: Aug 15, 2012 at 06:21 IST

Yet one more proof to show that honesty, integrity and devotion to duty
have no place in India to day.

from:  T.Sathyamurthi
Posted on: Aug 15, 2012 at 05:32 IST

It is a national shame day!

from:  T.Subramanian
Posted on: Aug 15, 2012 at 05:28 IST

Shame on our politicians everybody is hand in glove with each other now
we know why one party is in alliance with other even though their
ideologies dont meet only their current needs to wade the corruption is
met. Regards to people like SPP mr Acharya who brave these kind of

from:  deepu
Posted on: Aug 15, 2012 at 04:49 IST

The High Court that quashed the frivolous and motivated complaint against the SPP has been too lenient by letting off the complainant
with a fine of a mere Rs.50,000.When the court itself has observed that the complaint was motivated,the deterrent amount should have been not less than Rs.10,000,000 which would have taught the people behind the instigation not to trifle with Courts and use them to settle personal scores.The complaint was despicable and the charge against an upright man was not only condemnable but contemptible.

from:  Raj Kumar
Posted on: Aug 15, 2012 at 03:36 IST

Now the next guy who will be appointed by the Govt, will be a lame
duck..and there goes the prosecution in the 66 Crore Disproportionate
assets case against Jaya....God save the country...!

from:  Krishna S Bala
Posted on: Aug 15, 2012 at 03:10 IST

Bails of accused should be cancelled after giving sufficient time to prove their innocence. Currrent system does not have nay incentive to complete the case.

from:  Raju Rajendran
Posted on: Aug 15, 2012 at 03:00 IST
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