Jaya assets case: SC sets aside order to remove SPP

Says Karnataka govt's decision doesn't appear to be in good faith.

Tamil Nadu Chief Minister J Jayalalithaa secured a major legal victory over the Congress-led Karnataka government Monday as the Supreme Court quashed the state governments malafide decision to remove the special prosecutor in a corruption case pending against her in a Bangalore court.

While setting aside Karanatakas decision,the apex court underscored the change of political regime in the state and said the sharp transitional decision was an act of clear unwarranted indiscretion actuated by an intention that does not appear to be founded on good faith.

Allowing the petition by the AIADMK chief,a Bench of Justices B S Chauhan and S A Bobde pointed out there was no initial opposition to the appointment of G Bhavani Singh as the prosecutor and the controversy erupted only after the new political party came to power in Karnataka.

Though there is an undoubted power with the government to withdraw or revoke the appointment8230;but that exercise of power appears to be vitiated in the present case by malafides in law inasmuch as it is apparent on record that the switch-over of government in between has resulted in a sudden change of opinion that is abrupt for no discernible legally sustainable reason, it held.

The Bench termed as unusual and baseless the state governments contention that Singhs appointment was tainted since his name was not among the list of lawyers deemed suitable for prosecuting the 1996-97 disproportionate assets case against Jayalalithaa. It held that once the state accepted Singhs appointment in February 2013,it could not be now allowed to raise grievances that there was no proper consultation by the High Court Chief Justice before recommending Singhs name.

The court took note of the fact that the case was more than 15 years old and removal of Singh as the prosecutor as well as letting the trial judge retire on his scheduled retirement date of September 30 will prolong the matter further.

The evidence led in the case is very bulky as it runs into 34,000 pages. In case a new judge starts hearing the matter,he is bound to take a long time to understand the factual and legal niceties involved in the case. Accordingly,we have no hesitation in holding that the notification purporting to revoke the appointment of as SPP is liable to be struck down, held the court.

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On the issue of extending the trial judges tenure,the Bench noted that the state government in consultation with the High Court was competent to appoint the judge on contractual basis after his retirement for the period required to conclude the present trial.