The Karnataka government has argued in the High Court that the appeal filed by AIADMK general secretary Jayalalithaa was not maintainable because it had omitted to implead the State of Karnataka as a party.
Appointed again to represent the State in the disproportionate case, Special Public Prosecutor B.V. Acharya filed a written statement before the Karnataka High Court on Tuesday. “Not only has the prosecuting agency been initially not made a party but even subsequently during the court of proceedings, though repeatedly this omission was pointed out, the appellants [Ms. Jayalalithaa and three others] have not chosen to implead the State of Karnataka,” he said in the 18-page statement. Justifying the trial court’s verdict, Mr. Acharya said it had reduced the quantum of disproportionate assets from Rs. 66 crore claimed by the investigating agency to Rs. 53.60 crore. “The trial court has excluded some of the items as it thought that evidence on that behalf was not clinching.”
Sruthisagar Yamunan adds from Chennai:
The argument that the appeal is not maintainable because Karnataka has not been made a party evoked surprise in legal circles, as the Karnataka government did not take steps to join the proceedings on its own, despite being aware that it was the prosecuting agency.
“Raising this point after the Bhavani Singh case went up to the Supreme Court is ironic. The question this submission raises is: why did the Karnataka government not appoint a Prosecutor despite knowing that it was the prosecuting agency for this case? As far as impleading is concerned, the State could have also moved a petition,” advocate K. Radhakrishnan said.
In fact, in a petition challenging Mr. Singh’s appointment, the Karnataka government took the stand before the High Court that the Supreme Court did not specify the procedure to be followed in the appointment of a Public Prosecutor in the pending appeals.
“Since the State Government is not formally authorised to take any steps insofar as the appointment of the prosecutor or counsel to conduct the appeals, no steps have been taken,” the Advocate General of Karnataka had then contended.
Published - April 29, 2015 12:00 am IST
