Appointment of SPP Adv. Bhawani termed bad in law and no De novo hearing requires in HC : Supreme Court

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New Delhi: The Government of Tamil Nadu has no authority as to appointment of Advocate Bhawani Singh as the Special Public Prosecutor- SPP, as per honourable Apex Courts observation, which now has resulted in major setback to AIADMK’s Chief, Jayalalithaa, for appearing in the Disproportionate Assets case against the Former Chief Minister, in the honourable High Court of Karnataka.

Honourable Justice Dipak Misra’s led three- judges Bench observed that, even though the appointment of Advocate, Bhawani Singh as Special Public Prosecutor is ‘bad in law’ , the same not warranting any de novo i.e. fresh hearing in the appeal cases of the Convicts, including the one preferred by AIADMK’ Chief, Jayalalitha.

Showing its dissatisfaction with the findings requiring fresh hearing in the matters of appeal before the honourable High Court of Karnataka, made by Justice, Madan B. Lokur, the aforesaid Bench of three judges, including Justice, Dipak Misra, Justice, R. K. Agrawal and Justice, Prafulla C., observed that there has been no authority with the Tamil Nadu Government regarding the appointment of Adv. Bhawani Singh- Respondent no. 4, as SPP.

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Now, the DMK’s Leader, K. Anbazhagan and State of Karnataka is allowed by the said Bench to file their Written submission by this Tuesday, before the honourable High Court, by saying that the concerned High Court can now move ahead with the case and after considering the Submissions made from the K. Anbazhagan, and the Karnataka State, it can also pronounce its verdict.

It was also pointed by the said Bench by dealing with the legal provisions on the appointment of Adv. Bhawani as SPP, that the said appointment was only meant for the purpose of trial in the lower court.

The Judgment on the question of legal validity of the said appointment of Adv. Bhawani, is reserved for the 22nd day of this month by the honourable Apex Court of India. However, it is already noted by the Apex Court that the appointment of Bhawani is appearing prima facie as suffering from material irregularities. The DMK’s Leader is also allowed by the said Bench, for filling of Petition where he can ask for removal of Adv. Singh as SPP.

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by Faim Khalilkhan Pathan.