Karnataka CJ to decide on size of Bench

Need 30 days to complete arguments, counsel tells court

Former TN Chief Minister Jayalalithaa. File photo.

The Supreme Court on Thursday requested the Karnataka High Court to complete within three months the hearing of the former Tamil Nadu Chief Minister Jayalalithaa’s appeal against her conviction in the disproportionate assets case.

The three-month time frame was set after K.T.S. Tulsi, counsel for Ms. Jayalalithaa, said he would require at least 30 working days to complete his arguments. It was fixed on the consideration that the High Court might require at least a month after the arguments conclude to deliver the judgment.

The Supreme Court has left it to the Karnataka Chief Justice’s discretion to decide whether there should be two judges or a single judge on this Bench.

The Chief Justice orally observed that in case the appeal proceedings were not completed in three months, the apex court could be duly informed and an extension of 15 days considered.

When the matter came up before a Bench led by Chief Justice of India H.L. Dattu, Mr. Tulsi said complying with the apex court orders of October 17, the AIADMK general secretary and her co-accused had duly filed their appeal papers before the Karnataka High Court. The original documents from the trial court had also reached the High Court, he said.

Appearing in the court, BJP leader Subramanian Swamy, who is the original complainant in the criminal case, said he had not been given a copy of the appeal papers.

This prompted Chief Justice Dattu to observe that Ms. Jayalalithaa’s side should keep up its assurance made on October 17. Mr. Tulsi then promised the court that a copy of the 173-volume appeal papers would be sent to Dr. Swamy within two days.

Dr. Swamy also mentioned that while the law and order situation in Tamil Nadu remained satisfactory due to the strong intervention of the Supreme Court, there were threats in the form of posters of LTTE chief Velupillai Prabakaran stuck outside his home in Chennai.

To this, Chief Justice Dattu said if there was any threat to him at the instance of the petitioners, he could approach the court at any time.