'Tamil Nadu had no jurisdiction to appoint special public prosecutor'

The Supreme Court was told on Tuesday that Tamil Nadu had no jurisdiction to appoint G. Bhavani Singh as special public prosecutor to appear before the Karnataka High Court in former chief minister J. Jayalalithaa's appeal against her conviction in a disproportionate assets case.

This stand was taken before the apex court bench of Justice Dipak Misra, Justice R.K. Agrawal and Justice Prafulla C. Pant, which is hearing DMK leader K. Anbazhagan's challenge to Bhavani Singh's appointment by the Tamil Nadu government as special public prosecutor (SPP) for the Directorate of Vigilance and Anti-Corruption.

The bench is hearing the matter afresh following a split verdict after Justice Madan B. Lokur and Justice R. Banumathi took divergent views in their ruling on April 15.

While Justice Lokur held that the appointment of Bhavani Singh vitiated the hearing of the appeal before the Karnataka High Court, Justice Banumathi found no legal infirmity in continuing Bhavani Singh as thee SPP as he was appointed for the case and his appointment was not revoked by the Karnataka government.

Appearing for Anbazhagan, counsel T.R. Andhyarujina told the court that after the transfer of the assets case against Jayalalithaa to Karnataka, Tamil Nadu had no jurisdiction to appoint an SPP as it was to be done by Karnataka in consultation with the high court.

Contending that Bhawani Singh's appointment was limited to the trial of the case before the special court and could not be extended to an appellate court, Andhyarujina questioned Bhawani Singh for not opposing Jayalalithaa's bail plea.

Opposing the plea, counsel Fali Nariman, appearing for Jayalalithaa, told the court that the trial in the assets case was transferred from Tamil Nadu to Karnataka but the investigating and prosecuting agency remained Tamil Nadu's Directorate of Vigilance and Anti-Corruption (DVAC).

Nariman told the court that if the DVAC was the investigating agency, then it was authorised to appoint Bhawani Singh as the SPP in the hearing of the appeal before the high court.

He told the court that whatever expenses were incurred by Karnataka in the trial of Jayalalithaa and other accused were reimbursed by Tamil Nadu.

Nariman will continue his arguments on Wednesday.

The apex court on April 17 extended the bail of the former Tamil Nadu chief minister till the Karnataka High Court disposed of her appeal against her conviction and sentencing in the disproportionate assets case.

The others whose bail was also extended were Jayalalithaa's aides N. Sasikala, V.N. Sudhakaran, and J. Elasvarasi.

The apex court on December 18, 2014 extended their bail by four months with a direction to the high court to hear their appeal and pronounce verdict by April 17.

The Bengaluru trial court convicted Jayalalithaa on September 27, 2014, for possessing assets disproportionate to her known sources of income and sentenced her to four jail terms and Rs.100 crore fine. The case lasted for about 18 years.

The case against Jayalalithaa and three others relates to the period from 1991 to 1996 involving Rs.66.65 crore when she became chief minister of Tamil Nadu for the first time.