The bench, which also decided to issue notice to the SPP who was removed on August 26, asked the state government to respond to the AIDMK chief's plea that the decision has put her protracted trial in limbo and it has been taken at the behest of her political foe DMK.
"No fresh notification for appointment of special public prosecutor in the case shall be made," a bench of justices B S Chauhan and S A Bobde said and fixed the matter for hearing on September 4.
"We have seen such things in the past. This has happened in Gujarat Lok Ayukta's case," the bench said.
"For the last 17 years, I have faced the trial. I have answered more than 2,000 questions, put to me, during trial. The examination of defence witnesses is over. My submissions are over. The prosecutor is removed in the midst of his arguments," senior advocate U U Lalit, appearing for the Chief Minister, said.
Referring to sequence of events, the lawyer said that it could be a possibility that the Chief Justice has not been consulted by the state government at all in removing the SPP.
The AIADMK chief is accused of amassing Rs 66.65 crore between 1991 and 1996 when she was the Chief Minister and the case was transferred from Chennai to Bangalore in 2003 by the apex court during her earlier tenure to ensure a fair and free trial.
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