Bengaluru: The Karnataka High Court on Tuesday orally directed DMK leader K Anbazhagan and Special Public Prosecutor Bhavani Singh to approach the Supreme Court "without wasting any more time" to seek clarification on the issue of appointment of SPP in the appeal by AIADMK Chief Jayalalithaa against her conviction in the wealth case.
"As per the Supreme Court order, there is no clarity on the appointment of SPP. The bench has to go by the apex court's order and hence I ask you both (Anbazhagan and Singh) to go before it to seek clarification without wasting much time," a Division Bench said here.
The bench, comprising Justices N Kumar and B Veerappa, is hearing the writ appeal by Anbazhagan against rejection of his plea for discontinuation of Singh as SPP in the case.
Nagananda, counsel for Singh, submitted that by virtue of Tamil Nadu government order during the hearing in the trial court, Singh should be continued as SPP.
However, C V Nagesh, counsel for Anbazhagan, countered by saying that DVAC does not have any power to appoint their own counsel since the Supreme Court has effectively taken away the jurisdiction of Tamil Nadu government and it ought not to have allowed Singh to continue to prosecute the case.
Karnataka Advocate General Ravivarma Kumar said since the Supreme Court had not made any mention of the appointment of SPP in its order granting bail to Jayalalithaa, Karnataka government did not take steps in this regard as it would not be appropriate for it to interpret the apex court order.
He also submitted that, on an immediate basis, the government cannot appoint SPP since the matter is being heard in this court.
However, Karnataka government would abide by the court decision on this matter, the Advocate General said.
The bench then posted the matter for tomorrow for next hearing.
Justice Byrareddy of the court had rejected Anbazhagan's prayer and directed him and Karnataka government to approach the Supreme Court for clarification on the issue of procedure of appointment of SPP as it was improper for him to interpret its order.
On October 17 last, a Supreme Court bench, headed by Chief Justice H L Dattu, had ordered that hearing in the High Court on the appeal filed by Jayalalithaa challenging her conviction and sentence in the case be conducted on a day-to-day basis and completed in three months from December 18.
The order was passed while granting conditional bail to Jayalalithaa who, along with three others, was sentenced to four years jail term by a special court for allegedly amassing wealth beyond their known sources of income during 1991-96 when she was Chief Minister of Tamil Nadu for the first time.