Millennium Post

SC reserves order on Jaya’s plea in DA case

The Supreme Court on Wednesday reserved its verdict on the issue of appointment and sacking of Special Public Prosecutor (SPP) G Bhawani Singh in Karnataka in a disproportionate assets case against Tamil Nadu chief minister J Jayalalithaa.

The apex court will also decide the plea of the AIADMK chief seeking extension of the tenure of the judge trying the case and is scheduled to retire on 30 September.

A bench comprising justices BS Chauhan and SA Bobde concluded the hearing in which DMK general secretary K Anbalagan opposed the plea of Jayalalithaa saying she and other accused were allegedly responsible for the protracted trial in the 17-year-old case. Senior advocate Vikas Singh, appearing for DMK leader, submitted that those people who were responsible for delaying the proceedings in the case were now knocking the doors of the apex court for speedy completion of the trial.

He also backed the line of Karnataka Government and said Jayalalithaa’s plea for continuing with the trial judge after his retirement cannot be accepted as it would be contrary to the statute. 

Vikas Singh said Bhawani Singh was appointed without consultation with the state government and the SPP can be removed at any time if he fails to meet the doctrine of pleasure theory.

There is no fixed tenure for SPP and he can be withdrawn by the state government in terms of doctrine of pleasure theory, he submitted. However, Jayalalithaa’s counsel Shekhar Naphade submitted that the opposite side has been attempting to create smokescreen of prejudice to delay the trial.

Attorney General G E Vahanvati, appearing for the Karnataka Government, had yesterday opposed the plea of Jayalalithaa on the SPP and for extension of the tenure of the trial court judge.
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