CJ recuses from hearing plea against SPP in Jaya case

Chief Justice of the High Court of Karnataka D H Waghela on Tuesday recused himself from hearing the writ appeal filed by K Anbazhagan, general secretary of the DMK.

Anbazhagan had sought directions from the court not to allow G Bhavani Singh to appear on behalf of Tamil Nadu’s Directorate of Vigilance and Anti Corruption in the criminal appeals filed by former Tamil Nadu Chief Minister Jayalalitha and her aides, seeking that their sentencing by the special court in the disproportionate assets case be set aside.

 Senior counsel Tomy Sebastian - appearing for Bhavani Singh - filed a memo stating that in 2013, when the case related to disproportionate assets was pending before the special court, the appointment of Bhavani Singh as Special Public Prosecutor was challenged. 

Chief Justice D H Waghela had consulted the State government and had passed an order on September 14, 2013 to remove Bhavani Singh as the SPP in the case. A notification was issued to this effect on September 16, 2013.

The order was challenged before the SC, which set the HC order aside on September 30, 2013, allowing Bhavani Singh to continue as the SPP.  With these details, the memo said that as the Chief Justice had passed an order with an opinion of not allowing Bhavani Singh to continue, his previous decision may influence him.

He may not deliver a fair decision in the present case. After the memo was placed before the bench, the Chief Justice recused himself from hearing the matter. The matter was previously heard by Justice Ananda Byrareddy, who had directed the petitioner to approach the SC

Plea referred 

The High Court on Tuesday referred to a larger bench, the criminal petition filed by the  CBI in connection with the bail granted by the CBI court to Kencha Mahesh Kumar (Kharadapudi Mahesh), an accused in illegal mining and iron ore export case. The CBI court granted bail to Mahesh after he contended that the CBI had failed to file the charge sheet within 90 days from the date of issue of body warrant.

The CBI has now approached the HC contending the charge sheet was filed and the 90 days have to be calculated from the time of producing the accused in the court and not from the date of issue body warrant. The CBI has said that the charge sheet was filed within 88 days. 

Justice Ananda Byrareddy referred the matter to a larger bench for necessary orders.