“Bhavani Singh has no authority to represent DVAC”

Karnataka HC Special Bench asks Anbazhagan to approach proper forum

Updated - January 08, 2015 05:54 am IST - Bengaluru:

J. Jayalalithaa

J. Jayalalithaa

DMK leader K. Anbazhagan’s counsel on Wednesday alleged before the Karnataka High Court that G. Bhavani Singh has no authority in law to appear as the Special Public Prosecutor (SPP) in the appeal filed by AIADMK general secretary Jayalalithaa against her conviction in the disproportionate assets case.

A submission in this regard was made before Justice C.R. Kumaraswamy, who has been specially assigned to hear the appeals filed by Ms. Jayalalithaa and three of her associates.

Mr. Anbazhagan’s counsel claimed that Mr. Singh was appointed as an SPP only for conduct of the trial by the Karnataka Government based on the guidelines issued by the Apex Court. However, the Karnataka government has not appointed him as SPP as per the provisions of the Code of Criminal Procedure (Cr.PC) to represent the prosecution – Directorate of Vigilance and Anti-Corruption.

When Justice Kumaraswamy told counsel that he [Mr. Anbazhagan] should take up the issue with the State government, counsel replied that the representation given in this regard was not considered by the State.

When the judge asked Mr. Singh about his status, he said he was appointed as SPP by Karnataka Government to conduct the trial and after the trial was over the Tamil Nadu government has now authorised him to represent the DVAC in the appeals. However, the Court said that the Special Bench was constituted to hear only the appeals arising out of trial court’s order of convicting Ms. Jayalalithaa and others, and told Mr. Anbazhagan’s counsel to approach the appropriate forum for airing their grievances.

Mr. Anbazhagan has already filed a writ petition seeking a direction to the State to appoint a Senior Advocate as SPP to represent DVAC in place of Mr. Bhavani Singh.

G. Bhavani Singh tells court that the TN government has now authorised him to represent the DVAC in the appeals

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