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This is an archive article published on September 5, 2013

Karnataka: Did not require HC nod to remove prosecutor

Jayalalithaas advocate imputed a political motive to it and accused the state of trying to keep the sword of the case hanging on her head.

Karnataka Wednesday told the Supreme Court that the special public prosecutor taken off the corruption case against Tamil Nadu Chief Minister J Jayalalithaa had not been suggested to the high court for appointment.

This argument is an attempt by the state government to wriggle out of a legal tangle since Jayalalithaas prime objection to the removal of prosecutor G Bhavani Singh is that he was taken off without consulting the chief justice of the high court.

The Bench led by Justice B S Chauhan had indicated at the last hearing that the removal had to follow the process of the appointment: that is,if the prosecutor was appointed without consulting the high court,then only could he be removed so. On Wednesday,the states counsel M N Rao told the Bench that the government had suggested four names to the acting chief justice of the high court and Singh was not one of them. His submission came when the court asked if written consent or consultation was obtained at the time of Singhs appointment.

Jayalalithaas advocate Mukul Rohtagi,howev-er,imputed a political motive to it and accused the state of trying to keep the sword of the case hanging on her head.

Rao sought two days to file affidavit on Jayalal-ithaas plea against removal of Singh at the fag end of the trial. The court allowed his request and fixed the matter for hearing Friday. It also asked the government to adduce all original records related to the appointment and removal of Singh.

The court had last week restrained Karnataka from appointing a new special prosecutor in the disproportionate assets case against Jayalalithaa and others which is being heard in a Bangalore court.

 

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