SC removes SPP from Jaya case, allows HC to give verdict

The Supreme Court on Monday struck down the appointment of G Bhavani Singh as special public prosecutor (SPP) in the disproportionate assets case against Tamil Nadu former chief minister J Jayalalitha but allowed the Karnataka High Court to pronounce its verdict without fresh hearing.

A three-judge bench presided by Justice Dipak Misra granted permission to 93-year-old DMK leader K Anbazhagan, who challenged Singh’s appointment, to file a 90-page written note before the HC. Terming Singh’s appointment “bad in law”, the bench said the Karnataka government was the prosecuting agency following transfer of the case. 

It also allowed the government to submit a 50-page note by Tuesday before the HC, which would be considered before passing the verdict in the appeal filed by Jayalalitha and four others against four-year-jail term along with fine.

The court rejected the contention of AIADMK chief Jayalalitha that Singh’s appointment was to conduct the case at all stages, including the appeal. Utilising the Karnataka government’s failure to ratify Singh’s appointment before the HC, the Tamil Nadu government’s Directorate of Vigilance and Anti-Corruption had went on to appoint him to represent the case.

The bench said the anxiety expressed by the Tamil Nadu government indicates how much the state is worried about the troubles in future. 

“A SPP, when he is appointed for any specific case and that too for any specific court, it is a restricted appointment. There is nothing on record that the 4th respondent (Singh) was appointed to defend the prosecution in appeal in the High Court,” the bench held. 

The bench, also comprising justices R K Agrawal and Prafulla C Pant, concurred with the opinion of Justice Madan B Lokur. Justice Lokur had on April 15 differed with Justice R Banumathi on appointment of Singh, while referring the matter to a larger bench.

“A public prosecutor has to be specifically appointed for the appeals or revisions or other proceedings in the High Court. The anomalous situations which have been highlighted by Justice Lokur have our respectful concurrence,” the bench said.

The court told the HC that any written note submissions by Singh, if any, would not be considered. The SC’s decision on Monday would pave the way for the HC to pronounce its verdict by May 12, a deadline set by another bench of the SC for delivering the verdict.

Jayalalitha and three others were convicted and sentenced to four-year jail with fine by a Bengaluru court on Sept 27, 2014 under the Prevention of Corruption Act for amassing wealth to the tune of Rs 66.65 crore, disproportionate to the income, during her tenure as chief minister of Tamil Nadu between 1991 and 1996. The HC had already concluded hearing the appeal filed by her and others.

Meanwhile, DMK leader Anbazhagan filed his written objections before the special bench of the Karnataka High Court seeking to quash Jayalalitha’s appeal for setting aside her conviction in disproportionate assets case.

In his objections, Anbazhagan said the trial court has rightly convicted Jayalalitha, Shashikala Natrajan and others. He appealed the court to uphold the special court’s orders.