Published: April 28, 2015 16:01 IST | Updated: April 28, 2015 17:19 IST Bengaluru, April 28, 2015
Jayalalithaa wealth case: B.V. Acharya back as SPP
The Hindu
B.V. AcharyaSenior Counsel and former State Advocate General B.V. Acharya is back as the special public prosecutor (SPP) in the disproportionate assets case against AIADMK general secretary Jayalalithaa.
Karnataka government issued notification in this regards today after the Supreme Court on Monday declared that Tamil Nadu government had no right to appoint SPP in the case since transfer of the case to Karnataka.
Mr. Acharya had resigned in 2012 citing pressure from the interested persons and other quarters.
The Apex Court had also declared as unauthorised the Tamil Nadu’s action of appointing G. Bhavani Singh as SPP and had asked State of Karnataka to file written statement in the appeals filed by Ms. Jayalalitha before the High Court questioning her conviction in the case.
The controversy
The Karnataka government appointed senior lawyer Bhavani Singh in February 2013 as the Special Public Prosecutor replacing B.V.Acharya, who cited suffering at the hands of ‘interested parties’. The appointment of the SPP was challenged by DMK leader K.Anbazhagan on the grounds that the accused was in collusion with the Special Public Prosecutor.
The Karnataka HC had rejected the plea after which the DMK general secretary challenged the Supreme Court over the appointment. Former Tamil Nadu CM Jayalalithaa argued that the Mr. Anbazhagan’s plea was not ‘genuine’.
The Karnataka HC had rejected the plea after which the DMK general secretary challenged the Supreme Court over the appointment. Former Tamil Nadu CM Jayalalithaa argued that the Mr. Anbazhagan’s plea was not ‘genuine’.
The curious case of the SPP
- 1996: Former Janata Party leader Subramanian Swamy files case alleging Jayalalithaa amassed properties disproportionate to her known sources of income
- November, 2003: Case shifted to Karnataka High Court after DMK cries foul about fairness of trial in Tamil Nadu.
- February, 2005: Karnataka appoints the former Advocate-General B.V. Acharya as Special Public Prosecutor.
- February, 2012: B.V. Acharya expresses inability to continue as SPP, citing pressure from BJP for holding the post of AG (since past 6 months)read more
- August 15, 2012: B.V. Acharya quits as SPP after Karnataka accepts his resignation. read more
- February 3, 2013: G. Bhavani Singh appointed as SPP as Acharya quits, citing mental agony over Lokayukta order to probe him.read more
- August 26, 2013: Karnataka issues notification, citing no reasons, withdrawing Bhavani Singh’s appointment as SPP. Singh moves Supreme Court against the withdrawal.read more
- September 30, 2013: SC quashes Karnataka’s notification, reinstates Singh.
- February 28, 2014: Apex court judge dismisses SPP plea to present seized silver articles of Jayalalithaa’s, says he is trying to cause delay.
- February 26, 2015: DMK leader K. Anbazhagan moves for Singh’s removal, saying issue of his continuation is still pending. read more
- April 27, 2015: Supreme Court strikes down Singh’s appointment as SPP. read more
Anbazhagan seeks confirming of sentence
In line with a direction of the Supreme Court, DMK general secretary K.Anbazhagan filed his written submission with the Karnataka High Court that prayed for confirming the sentence and fine imposed on Ms. Jayalalithaa and three others in the case.
Yet another twist
Editorial: The legal position was always clear - that once a case is transferred from one State to another, the transferee State alone is competent to appoint the prosecutor.
Jayalalithaa defends Bhavani Singh’s continuance as SPP
Ms. Jayalalithaa argued that Mr. Anbazhagan’s petition to remove Bhavani Singh as Special Public Prosecutor in the appeal is not a "genuine plea."
'Bhavani Singh has no authority to represent DVAC'
Mr. Anbazhagan’s counsel claimed that Mr. Singh was appointed as an SPP only for conduct of the trial by Karnataka govt. based on guidelines by SC
In 2013, Anbazhagan moves HC in Jaya case
Mr. Anbazhagan recounted how he had given “a representation to Karnataka and Chief Justice of the Karnataka against Bhavani Singh detailing the allegations of collusion with the accused.”
- Joseph Anandaraj.MFor sometime Ms.Jayalalithaa DA case was a Time-Pass. Suddenly it became laughing issue and now it is a child's play. With mother's day around the corner, it is good for all concerned, especially the judicial authors to apply their wisdom and handle seriously. Reports flash and comments congratulate a Chennai Born woman attaining a Judge post in the U.S at the same time the Judges in India are commented adversely for their lack of involvement in this case. Few days back Our Prime Minister Mr.Narendra Modi declared that the 60 years rule in India was corrupt, but how come only one person that too a lady Chief Minister is facing charges? Where are the others?9 minutes ago · (0) · (0) · reply (0) ·Points2305
Vedagiri Venkatraman at IWL India Limited
Getting murkier snd murkier. Supreme Court slso seems to have tripped, by giving s veiled instruction to Justice Kumaraswamy, on what his judgment should be. All concerned have lowered their prestige.12 minutes ago · (0) · (0) · reply (0) ·Points1865- ShekarIt must be borne in mind that many Indians, settled abroad ( in particular US and Europen countries) must be reading all these twists and turns, flip- flops by the governments, due to by political undercurrents that somehow or other manage to infiltrate into the Indian judiciary also, would be wondering as to what is going on in the country and comparing the standards with those prevailing in their respective countries where they are residing. Alas, there is a substantial element of politics in everything happening around us. Does this appointment of this SPP, if it was done when the case reached the appeal stage, would have spared the precious time of the Bench/es in the Supreme Court ?28 minutes ago · (0) · (0) · reply (0) ·Points4755
- Kasthuri RanganWhat is the impact of this decision. A person who had quit earlier has been re appointed to the satisfaction of DMK. If only verdict is to be delivered what is going to be this man's role? Nothing understandable . SC has made the issue a turbid whirlpool where nothing is visible. Karnataka Govt., must be sued by JJ for messing the issue by dilly dallying appointing the SPP earlier. The SC judges have definitely acted with prejudice and not with just approachabout an hour ago · (1) · (3) · reply (1) ·Points20180Srini Up Voted
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BHASKARAN BHASKARAN Exactly I am unable to understand why every one gunning her. They cannot challenge her politically and faces politically insignificance once she is out. It is clearly Karnataka Govt making use of her opposition to Cavery Issue by keeping quiet all these days deliberately29 minutes ago · (0) · (0) · reply (0) ·
- S MarthandamLet us wait and see when we will see the light in the tunnel. How effective our judicial system is in safeguarding the rule of law, no one is above law and no innocent person is punished. Hope people's faith in Indian Judiciary will be strengthened.about an hour ago · (0) · (0) · reply (0) ·Points180
- J.S.Acharya AcharyaIs this is good news for the great person? I wonder.Hope he will not be hounded as he was earlier .
