The Supreme Court on Monday refused DMK leader K. Anbazhagan's plea to stay the appeal hearing before the Karnataka High Court in the Rs. 66.65 crore disproportionate assets case against former Tamil Nadu Chief Minister Jayalalithaa and three others.
Instead, a bench of Justices Madan B. Lokur and A.K. Goel agreed to hear his two applications - for removal of Special Public Prosecutor Bhavani Singh and permission to assist the prosecution in the high court on March 18 for final disposal.
The hearing started with Ms. Jayalalithaa's counsel in the high court, senior advocate L. Nageshwar Rao, briefing the bench that the appeal arguments have already been completed.
But Mr. Anbazhagan's counsel, senior advocate T.R. Andhyarujina, said the entire appeal proceedings was "vitiated" due to the presence of Mr. Singh, who has no authority to act as prosecutor.
Mr. Andhyarujina said Mr. Singh's "credibility was doubtful". He said the plea has the support of theGovernment of Karnataka.
Justice Lokur however observed that these allegations could be raised after the appeals are decided by the high court.
The bench said if the conviction order of the trial court is not upheld, Mr. Anbazhagan could still "agitate".
But Mr. Andhyarujina said the apex court should hear it now rather than wait till the appeals are decided.
He said a totally wrong interpretation has been given to section 301 of the criminal procedure code to allow Mr. Singh unbridled authority to represent the prosecution in the high court. Mr. Andhyarujina submitted that the government order appointed Mr. Singh as special prosecutor only in the trial court.
Senior advocate Fali Nariman, who argued to successfully get bail for Ms. Jayalalithaa earlier from the Supreme Court, submitted that the apex court had given the high court a deadline of april13 to decide the appeals. These proceedings may lead to delay, Mr. Nariman said.
"But we are not staying the appeal hearing in the high court. As of now tbe question of stay does not arise. We will hear the pleas and may be if required the date can be extended from april 13 to april 30," Justice Lokur responded.
The court further issued notice to Karnataka government and sought theimpleadment of the other accused besides Ms. Jayalalithaa.
