Bengaluru: Newly-appointed Special Public Prosecutor BV Acharya on Tuesday filed a written submission in the Karnataka High Court praying for dismissal of appeals by former Tamil Nadu Chief Minister Jayalalithaa and three others seeking quashing of the special court verdict convicting them in the disproportionate assets case.
Acharya was on Tuesday appointed by Karnataka government as SPP in place of Bhavani Singh whose appointment was annulled by Supreme Court on Monday, holding that it was "bad in law".
A three-judge bench of the apex court had held that Tamil Nadu government had no right to appoint Bhavani Singh as SPP to appear in the case and it was "bad in law" but made it clear that it does not warrant "de novo" (fresh) hearing of appeals of the convicts, including Jayalalithaa.
Karnataka Law Minister Jayachandra said the government had issued a notification on the appointment of Acharya after consulting legal experts including Advocate General Ravivarma Kumar to make submissions on behalf of state government.
Acharya, a former Advocate General, had earlier appeared as SPP in the special court in the disproportionate case, but quit the post citing "suffering" at the hands of "interested parties" in 2012, after which he was replaced by Singh.
Jayachandra told PTI the idea to appoint Acharya is to fill the gap created by the Supreme Court which pronounced that Tamil Nadu government has no right to appoint SPP and the government felt it would be advisable to appoint SPP to make clarifications in the case.
In the written submission, Acharya said since the prosecuting agency, Karnataka government, was not added as a party in the case that itself warrants dismissal of the appeal by the convicts.
"The government of Karnataka is the prosecuting agency... for the mere reason that the prosecuting agency is not added as a party in the criminal appeal itself warrants dismissal of the criminal appeal," Acharya said.
Justice Kumaraswami is hearing the appeals filed by Jayalalitha and three others challenging their conviction in the case.
Acharya submitted that the trial court was fully justified at arriving at a conclusion that the prosecution has proved beyond doubt the acquisition of disproportionate assets to the extent of Rs 55 crore.
He also submitted that the conclusion arrived at by the trial court that the accused have acquired the immovable properties "is beyond any challenge".
The senior counsel said except Jayalalithaa, the other three accused did not have independent income, but their living under one roof alone proved they were holding monies and properties on behalf of accused number one (AIADMK chief).
Though there were more than 52 bank accounts, the accused treated them as one account by transferring money from one account to another frequently, he added.
Last September, Jayalalithaa, her aide Sasikala and two of her relatives were sentenced to four years in jail by the special court in the corruption case that dragged on for 18 years. In October, the Supreme Court had granted conditional bail to Jayalalithaa.
Published Date: Apr 28, 2015 22:42 PM | Updated Date: Apr 28, 2015 22:42 PM