DA case against Jaya; SC reserves verdict on plea against SPP

The Supreme Court today reserved its verdict on a plea of a DMK leader seeking removal of special public prosecutor (SPP) Bhawani Singh from appearing for the state before the Karnataka High Court hearing appeal of former Tamil Nadu Chief Minister J Jayalalithaa against her conviction in a disproportionate assets case.
A bench headed by Justice Madan B Lokur reserved the judgement after senior advocates Fali S Nariman, appearing for the AIADMK Chief and K T S Tulsi, who represented other convicts and T R Adhyarijina, the lawyer for DMK leader K Anbazhagan, concluded their rejoinder arguments in the case.

Besides seeking stay of appeal proceedings in the High Court, the DMK leader has sought removal of Bhawani Singh, raising questions about his impartiality as prosecutor in the case. The court, however, had refused to stay the proceedings.
Referring to earlier order of the apex court, Andhyarujina said, "here is a special public prosecutor who is hand in glove with an accused".
"The legal question is whether Bhawani Singh, whose appointment was limited to conduct the trial, can claim to come and appear in appellate court and say that I am the PP," he said, adding that it is "strange" that the convict is supporting him.

Andhyarujina said the earlier order had made it clear that transferee state Karnataka and not transferor state Tamil Nadu will appoint the public prosecutor in the case.

"The appointment for appearing in the High Court has been done by Tamil Nadu," he said.
Nariman, counsel for Jayalalithaa, had come out strongly in support of the SPP saying, "Bhawani Singh is not an intruder. He has a notification in his favour and in such matters, the de-facto doctrine also comes in his favour."
He had said the apex court, in 2013, had quashed a notification of the state government removing Singh as SPP and as a consequence, the earlier notification appointing him as the SPP, remained.

On October 17, the apex court had granted conditional bail to Jayalalithaa who was sent to jail by a trial court on September 27.