SPP appointment in Jayalalithaa case 'bad, but no fresh hearing in HC: Supreme Court

NEW DELHI: Clearing the decks for delivery of the judgement in the Jayalalithaa case in the Karnataka High Court, the Supreme Court today held as "bad in law" the appointment of G Bhavani Singh but ruled out fresh hearing in the appeal against her conviction.

Bhavani Singh was not eligible to be appointed as the SPP in the High Court by the Tamil Nadu Government as he was only engaged for the trial court proceedings as a "restricted appointment" by the Karnataka Government, which also has the authority to choose him in the appeal, the court said.

However, it said the annulment of SPP does not warrant "de novo" (fresh) hearing of appeals which has been heard at length by the High Court and the judgement has been reserved.

The apex court said the high court can go ahead and pronounce the verdict after considering the submissions of DMK General Secretary K Anbazhagan and the state in the matter.

The apex court said Karnataka became the sole prosecuting agency as the case was transferred to Bangalore from Tamil Nadu and its interference in appointment of Bhavani Singh was an indication of the government's "anxiety" about the "troubles of future".

"The state of Tamil Nadu had no authority to appoint Bhavani Singh as the Public Prosecutor to argue the appeal. It is the State of Karnataka which is the sole prosecuting agency and it was alone authorized to appoint the Public Prosecutor.

"The appointment of Bhavani Singh as the Public Prosecutor for the trial did not make him eligible to prosecute the appeal on behalf of prosecuting agency before the High Court," a three-judge bench comprising Justices Dipak Misra, R K Agrawal and Prafulla C Pant said.