The court will also pass orders that day on another petition filed by second accused Sasikala Natarajan in the case seeking to refer the matter to the High Court since important questions of law are raised and to keep the proceedings in abeyance, pending its decision.
Earlier, referring to the August 3, 2009, Karnataka High Court notification where B M Mallikarjunaiah was transferred as Additional City Civil and Sessions judge, Special Public Prosecutor B V Acharya submitted Mallikarjunaiah becomes the special judge by that very order.
Quoting a Supreme Court judgement, he said appointment of the special judge to the special court, to be constituted under Section 3 of Prevention of Corruption Act, is done by the High Court.
"Any posting to that court by the High Court, that presiding officer becomes the special judge", he said and added it is the High Court's exclusive privilege to appoint the special judge and maintain the independence of judiciary.
Acharya said the petitioners had not questioned the qualification of the presiding officer and submitted "your honour has been validly appointed as Special Judge by the High Court".
"There is no question of concurrence by the Chief Justice. The High Court becomes the authority (in this case)", he said. (MORE)
