‘CM said BJP high command wanted me to quit as public prosecutor’

B V Acharya,the Special Public Prosecutor in the disproportionate assets case against Tamil Nadu Chief Minister J Jayalalithaa,has accused the BJP government of being part of a conspiracy to derail the trial

Written by Johnson T A | Bangalore | Published: February 10, 2012 12:44 am

B V Acharya,the Special Public Prosecutor in the disproportionate assets case against Tamil Nadu Chief Minister J Jayalalithaa,has accused the BJP government of being part of a conspiracy to derail the trial. Acharya,who concurrently held the post of Advocate General,quit the AG’s post on Wednesday. In an interview,he has alleged pressure from the BJP to give up his role as the SPP in the six-year-old case. The move to ease out Acharya is being seen as part of a growing affinity between Jayalalithaa and the BJP.

What dictated your decision to quit as the AG and stay on as the SPP?

The assignment as the SPP was given to me by the Chief Justice of Karnataka on the directions of the SC. From 2005 till today I have been functioning,and I cannot let down the judiciary and the Chief Justice who had reposed confidence in me. This is an earlier appointment. I became the AG only six months ago. I thought that I should not give up the post of public prosecutor.

What would it have meant to the Jayalalithaa trial had you quit as the SPP?

If a new person was appointed,he would have taken at least a couple of months to get acquainted.

Did the CM offer you a choice — to continue as the AG or SPP?

He said the high command (BJP high command) has told him that I should not continue in both the posts and they wanted me to resign as the SPP.

The CM has said there’s a case filed in the HC against you holding two posts and he asked for your resignation to save his government from an embarrassment.

The pending case in the HC had nothing to do with it. Had it been so,I would have told the government to wait for the decision. According to me,there is no bar in law from holding two posts.

When you took up the post of AG in August 2011,did you inform the CM that you were holding SPP’s post?

I explicitly told him that I am holding the post of public prosecutor in the special court that is trying the DA case. He told me that it will not come in the way of my accepting the AG’s post.

Does your resignation have anything to do with the conflict of interest in your continuance as AG since a case has been filed against you in a special Lokayukta court with respect to your role as a member of an education trust in Bangalore?

That case is a part of the chain of events — a petition to the Governor,a writ petition over and above that,a PIL that I should not continue in two posts,a false complaint in the Lokayukta court. All these are part of the same conspiracy to see that I don’t continue as public prosecutor. The senior counsel who appeared before the Division Bench for the PIL also appeared before the Lokayukta court.

Who benefits from not having you as the SPP?

Maybe some people think that having me as the prosecutor may not be in the interests of the accused.

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