The High Court on Thursday disposed a writ petition challenging the State government’s action in appointing two Special Public Prosecutors (Spl.PP) for a single criminal case, following the second appointee advocate’s statement of disinterest.
A petition by Mohammed Nissar and Abida Wahid a couple residing in Borebank Road, Bangalore had stated that M/s Cha Che Hotels, now called Gold Coin Hotels and Resorts Lts had filed a criminal case against them. The government had appointed a city advocate Renjit Shankar as Spl PP in March 2005 to conduct the case, but again on April 3, 2006 it appointed another advocate MT Nanaiah as Spl PP. They challenged the appointment of two Spl PPs while also alleging that both the advocates had previously appeared as counsels for the complainant company in other matters.
Mr Nanaiah’s counsel said that his appointment was made following a representation of the complainant. He said that he would withdraw his consent for the appointment since he was not willing to proceed with such controversy.
Recording the statement, Justice Ajit J Gunjal, quashed the second appointment and directed that the case be conducted with the first appointed Spl PP.