“The Karnataka government is the competent State to appoint a public prosecutor or a Special Public Prosecutor (SPP) to represent the prosecution in the appeals filed by AIADMK general secretary Jayalalithaa questioning her conviction in the disproportionate assets case,” it was contended before the Karnataka High Court on Friday on behalf of DMK leader K. Anbazhagan.
Submissions in this regard were made before a Division Bench comprising Justice N. Kumar and Justice B. Veerappa, which is hearing Mr. Anbazhagan’s plea against the order of a single-judge bench that had directed him to seek clarification from the Supreme Court on jurisdiction of State to appoint SPP.
Senior Counsel C.V. Nagesh, appearing for Mr. Anbazhagan, argued that the Tamil Nadu government can’t appoint a prosecutor to represent its investigating agency as the case was transferred to Karnataka on the orders of the Supreme Court.
Seer case verdict cited
Citing the verdict of the apex court in Jayendra Saraswati Swamigal Vs State of Tamil Nadu, Mr. Nagesh said that the trial of the alleged murder case against the seer was transferred to Puducherry from Tamil Nadu, and later the Supreme Court had quashed the Tamil Nadu government’s action of appointing prosecutor for conduct of the trial even after transfer of the case to Pondicherry.
He also pointed out from apex court verdict of Jayendra Saraswati Swamigal’s case that the Puducherry government was not only given the liberty of continuing the prosecution but also the right to appoint prosecutors or SPP while holding that the Tamil Nadu government could appoint prosecutor to the cases in the courts situated within its territorial jurisdiction.
Even in the case against Ms. Jayalalithaa, contended Mr. Nagesh, the Tamil Nadu government cannot appoint prosecutor or SPP as the domain was now vested with the Karnataka government.
Further hearing will continue on Monday.
T .N. can’t appoint prosecutor to represent its probe agency as the case has been shifted: Anbazhagan’s counsel
