DMK leader K. Anbazhagan on Saturday moved the Division Bench of the Karnataka High Court questioning the Tamil Nadu government’s jurisdiction to appoint Special Public Prosecutor for representing prosecution in the appeals filed by AIADMK general secretary Jayalalithaa and others against their conviction in the disproportionate assets case.
In his petition Mr. Anbazhagan questioned the correctness of the January 19 verdict of a single judge Bench, which had asked him to approach the Supreme Court to seek clarification on the procedure to be followed to appoint SPP to represent the Directorate of Vigilance and Anti-Corruption (DVAC), Chennai, which has prosecuted Ms. Jayalalithaa and three others.
A Division Bench comprising Justice K.L. Manjunath and Justice S. Sujatha, before which the plea came up for hearing, has ordered issue of notice to the Karnataka government and the DVAC. Further hearing was adjourned till February 2.
The single judge Bench, having agreed with the contention that it is the Karnataka government that should take the case to its logical end, should not have allowed G. Bhavani Singh as SPP as he was appointed by the Tamil Nadu government, which had lost jurisdiction over the case soon after it was transferred to Bangalore on the apex court’s verdict in 2003, it was contended in Mr. Anbazhagan’s petition. Continuation of Mr. Singh as SPP for the appeals may not cause discernible prejudice to the case for the time being as he was the SPP who conducted the trial on being appointed by the Karnataka government, the single judge had said while asking Mr. Anbazhagan to seek clarification from the apex court.
