Not appealing may send out wrong message: Acharya

Special Public Prosecutor’s advice to Karnataka.

Updated - November 17, 2021 01:03 am IST

Published - May 20, 2015 09:43 am IST

Advocate General B.V. Acharya.

Advocate General B.V. Acharya.

Failure to file appeal in the Supreme Court against the Karnataka High Court’s verdict of acquitting AIADMK general secretary Jayalalithaa may be construed as “an act of encouraging corruption at high places,” Special Public Prosecutor B.V. Acharya is learnt to have advised the Government of Karnataka.

 According to the sources privy to the discussions about future course of action of the State government, Mr. Acharya, in his legal opinion, recommended the authorities to take “immediate” action to file appeal before the apex court and seek stay on operation of the High Court’s verdict.

Also, the sources said, the SPP had pointed out that filing of appeal before the apex court would send a “strong signal” to society that the government is committed to the principles of “zero tolerance” towards corruption in public administration.

The political circles in Tamil Nadu are keeping their fingers crossed awaiting Karnataka government’s decision whether to file appeal against High Court’s verdict.

Karnataka is the sole prosecuting agency in the DA case as declared by the Supreme Court following transfer of the case to Karnataka from Tamil Nadu.

 SPP’s analysis

The sources also said that pointing out the “grave mistake” committed by the High Court in totalling the loans obtained by accused in the DA case, Mr. Acharya has termed this error has resulted in “miscarriage of justice.”

 The High Court, the SPP said to have pointed out, had “overlooked” the principles to be followed while reversing the findings of the trial court.  He is also learnt to have claimed that the findings of the trial court “stand undisturbed” as the High Court did not discuss about many of their assets except valuation of buildings, marriage expenses aspects, and to a small extent about a few sources of income of the accused.

 Besides, the SPP was learnt to have pointed out that the High Court did not fully comply with the Supreme Court’s direction for considering the written submissions filed by Karnataka government.

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