"He (Swamy) filed the case when he was not in our party," BJP national general secretary and Tamil Nadu incharge P Muralidhar Rao told reporters here.
Swamy had filed a complaint in 1996 against Jayalalithaa seeking launch of prosecution against her over alleged disproportionate assets.
Stressing that Swamy's proposed legal action was independent of the party, he said "BJP does not have any locus standi in the issue. I came to know through the media that he proposed to file an appeal."
"It is (decision to prefer appeal) fully justified because they have a locus standi in this case," he said to a query on DMK announcing today that it would appeal in the Supreme Court in the case.
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On Swamy taking a line contradictory to the party stance on several issues, he said "we will see..How long."
On BJP's political stance vis-a-vis the ruling AIADMK and DMK, he said "in Tamil Nadu our view has not changed, whether it is DMK or AIADMK... Misgovernance is the common point and that view of BJP has not changed."
"Issue-based convergence (between BJP and AIADMK in Parliament) should not be stretched too far.