Jayalalithaa case: SC gives split verdict on plea against public prosecutor

Chennai: The Supreme Court on Wednesday gave a split verdict on a plea seeking the removal of special public prosecutor G Bhawani Singh in the disproportionate assets case before the Karnataka High Court.

Justice M B Lokur allowed the plea to remove the public prosecutor, but Justice R Banumathi argued the SPP had the authority to continue appeal in the High Court.

The court was hearing a plea by DMK leader K Anbzhagam, who had challenged appointment of Singh as a special public prosecutor.

In his plea, Anbazhagan had said that the prosecutor in the case was ‘hand-in-glove’ for the accused. He also claimed that the prosecutor was facilitating Jayalalithaa and was not opposing her plea for suspension of sentence.

The matter has now been referred to three-judge bench of the Supreme Court.

It was Jayalalithaa’s contention that since G Bhawani Singh was appointed as the SPP for a particular case in the trial court, he was entitled to appear in the high court to appeal as per Section 301 CrPC which says an SPP appointed for a case could appear in any court, including the appellate court.

It was argued there was no bar on his appearance and, if at all, the Karnataka government could have appointed another SPP by canceling Bhavani Singh’s appointment.

On behalf of Sasikala, Ilavarasi and Sudhakaran, it was pointed out that once appointed as SPP in a high profile case, there was no bar on such SPP’s appearance in high court or the apex court.