DMK leader K Anbazhagan today filed a writ appeal praying that the Karnataka High Court call for records and set aside the order passed by Justice Anand Byrareddy who declined a plea seeking discontinuation of Bhavani Singh as Special Public Prosecutor in the special bench hearing Jayalalithaa's disproportionate assets case.
Justice Byrareddy had directed Anbazhagan and Karnataka government to approach the Supreme Court for clarification on the issue of procedure of the appointment of the SPP as it was improper for him to interpret its order relating to the bail plea filed by Jayalalithaa.
He had also observed that since the Supreme Court in its order on giving bail to Jayalalithaa was silent on the issue of procedure of appointing the SPP, the High Court wouldn't like to interpret the apex court's order.
Anbazhagan's appeal was filed today, DMK counsel Saravanan Annadurai told PTI here, giving its details.
Giving the grounds for keeping aside Justice Byrareddy's order, Anbazhagan said Justice Byrareddy in the order, after giving a categorical finding that DVAC does not have any power to appoint their own counsel since the Supreme Court has effectively taken away the jurisdiction of Tamil Nadu government, ought not to have allowed Singh to continue to prosecute the case.
"The moment Singh is appointed and retained as a counsel for DVAC, he loses all his right to represent the prosecution in the criminal appeals. This will be unethical and give rise to serious issues of conflict of interest," he said.
The Special Bench has been set up after the Supreme Court had on December 18 last directed the Chief Justice of Karnataka High Court to constitute it to decide Jayalalithaa's plea within three months.
Anbazhagan also submitted that Justice Byrareddy also ought not to have allowed Singh to continue the prosecution, as serious charges are made against him.
An apex court bench, headed by Chief Justice H L Dattu, had ordered that the hearing in the High Court on the appeal, filed by Jayalalithaa challenging her conviction and sentence in the case, be conducted on a day-to-day basis.
On October 17 last year, the apex court had granted conditional bail to Jayalalithaa, who was sent to jail by a trial court on September 27, saying that hearing on her appeal against conviction in the High Court should be completed in three months from December 18.
The special court had held Jayalalithaa and three others guilty of corruption. The court had awarded four years jail term and also slapped a fine of Rs 100 crore on the AIADMK chief. The court also imposed a fine of Rs 10 crore each on the three other convicts.
