Jaya supports continuance of Bhawani Singh as SPP in DA case

Former Tamil Nadu Chief Minister J Jayalalithaa today supported in the Supreme Court the continuance of Bhawani Singh as special public prosecutor (SPP) before Karnataka High Court during the hearing of her plea against conviction in a disproportionate assets case.
"Bhawani Singh is not an intruder. He has a notification in his favour and in such matters, the de-facto doctrine comes in his favour," senior advocate Fali S Nariman, appearing for the AIADMK chief, told a three-judge bench headed by Justice Dipak Misra.
The three-judge bench, also comprising justices R K Agrawal and Prafulla C Pant, is hearing afresh the plea of DMK leader K Anbazhagan seeking removal of the SPP as the earlier two judge-bench had come out with a split verdict.

The matter was then referred to Chief Justice H L Dattu to constitute a larger bench for an authoritative verdict.
Earlier, Justice Madan B Lokur, heading the two-judge bench, had allowed the plea of Anbazhagan seeking removal of SPP Bhawani Singh and ordered a fresh hearing on the AIADMK chief's plea against her conviction, saying the appeal proceedings, conducted so far, have been "vitiated".
However, Justice R Banumathi had differed with Justice Lokur and held that the SPP was duly authorised to represent the state before the Karnataka High Court.
During the hearing today, senior advocate T R Andhyarujina, appearing for Anbazhagan, opposed Jayalalithaa's contention and said that the SPP was hand in glove with the then Chief Minister, who has appointed the SPP to appear in the appeal court.

"Tamil Nadu government order to appoint Bhawani Singh as SPP was totally malafide. Tamil Nadu government has no power to appoint any SPP, as the case is being heard by the state of Karnataka. The Karnataka government only has power to appoint SPP in consultation with Chief Justiceof Karnataka High Court," Andhyarujina said.