Stung by Justice R A Mehta's refusal to become Gujarat's Lokayukta
despite his appointment being upheld, the Supreme Court on Friday
restrained Karnataka from appointing a new special public prosecutor in
the disproportionate assets case against Tamil Nadu chief minister J
Jayalalitha.
A bench of Justices B S Chauhan and S A Bobde did not want to undertake the process of elaborate judicial scrutiny of Karnataka government's decision to appoint a new SPP without ascertaining the willingness of G Bhavani Singh to continue as public prosecutor in the case against Jayalalitha.
Trial in the case against Jayalalitha was transferred from Chennai to Bangalore by the Supreme Court in 2003 on the basis of a petition filed by DMK leader K Anbazhaghan alleging that a fair trial would not be possible as she was the chief minister of the state then.
The bench issued notice to the Karnataka government on a petition filed by Jayalalitha, who challenged the state government's decision to withdraw G Bhavani Singh, who was appointed as SPP in the case in February this year. It also sought to know Singh's views.
"Suppose we decide to hear the petition but he (Singh) refuses to continue. Then what is the effect," asked the bench while narrating their experience in the Gujarat Lokayukta case.
The Gujarat government had challenged Justice Mehta's appointment as Lokayukta by the governor on the ground that she had appointed the retired judge without holding any consultation with the council of ministers. The apex court had repelled the challenge saying the Gujarat Lokayukta Act did not envisage consultation with the council of ministers headed by the chief minister.
Justice Chauhan, who was part of the bench which delivered the judgment in the Lokayukta case, said, "We have gained experience in such matters as we have seen in the case of Gujarat Lokayukta. So much of time and money was spent on arguments at the SLP stage, then review and even curative petition which we dismissed. And then the Lokayukta says I don't want to continue. For whom do we decide then."
Jayalalitha's counsel U U Lalit said the apex court, while transferring her case from Tamil Nadu to Karnataka, had directed that the prosecutor would be appointed after consulting the chief justice of Karnataka High Court. "The decision to remove Singh as special PP was issued on Monday without consulting the CJ," Lalit claimed.
Lalit saw a political design in Singh's removal at the fag end of the trial and at a time when the trial judge was retiring by September 30. He said Jayalalitha's political rival DMK, through Anbazhagan, had objected to Singh's continuance as PP before Karnataka HC where the matter was pending.
"If a new PP is brought in, it will take him minimum three to four months to go through the voluminous documents. The matter will be pushed beyond September 30 and will require to be heard afresh," he said, alleging that Jayalalitha's rival party wanted the case to go on endlessly against her.
A bench of Justices B S Chauhan and S A Bobde did not want to undertake the process of elaborate judicial scrutiny of Karnataka government's decision to appoint a new SPP without ascertaining the willingness of G Bhavani Singh to continue as public prosecutor in the case against Jayalalitha.
Trial in the case against Jayalalitha was transferred from Chennai to Bangalore by the Supreme Court in 2003 on the basis of a petition filed by DMK leader K Anbazhaghan alleging that a fair trial would not be possible as she was the chief minister of the state then.
The bench issued notice to the Karnataka government on a petition filed by Jayalalitha, who challenged the state government's decision to withdraw G Bhavani Singh, who was appointed as SPP in the case in February this year. It also sought to know Singh's views.
"Suppose we decide to hear the petition but he (Singh) refuses to continue. Then what is the effect," asked the bench while narrating their experience in the Gujarat Lokayukta case.
The Gujarat government had challenged Justice Mehta's appointment as Lokayukta by the governor on the ground that she had appointed the retired judge without holding any consultation with the council of ministers. The apex court had repelled the challenge saying the Gujarat Lokayukta Act did not envisage consultation with the council of ministers headed by the chief minister.
Justice Chauhan, who was part of the bench which delivered the judgment in the Lokayukta case, said, "We have gained experience in such matters as we have seen in the case of Gujarat Lokayukta. So much of time and money was spent on arguments at the SLP stage, then review and even curative petition which we dismissed. And then the Lokayukta says I don't want to continue. For whom do we decide then."
Jayalalitha's counsel U U Lalit said the apex court, while transferring her case from Tamil Nadu to Karnataka, had directed that the prosecutor would be appointed after consulting the chief justice of Karnataka High Court. "The decision to remove Singh as special PP was issued on Monday without consulting the CJ," Lalit claimed.
Lalit saw a political design in Singh's removal at the fag end of the trial and at a time when the trial judge was retiring by September 30. He said Jayalalitha's political rival DMK, through Anbazhagan, had objected to Singh's continuance as PP before Karnataka HC where the matter was pending.
"If a new PP is brought in, it will take him minimum three to four months to go through the voluminous documents. The matter will be pushed beyond September 30 and will require to be heard afresh," he said, alleging that Jayalalitha's rival party wanted the case to go on endlessly against her.
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