No need for fresh hearing on Jayalalithaa's appeal against conviction, rules ... - The Indian Express

The Supreme Court on Monday ruled that there was no need for a fresh hearing on former Tamil Nadu chief minister J Jayalalithaa’s appeal against her conviction and a four year jail term in a corruption case.

While holding that the appointment of the special public prosecutor was indeed bad in law, a three-judge bench headed by Justice Dipak Misra said that the matter did not require a hearing afresh in the High Court.

“The matter does not require a de novo (new) hearing,” said the bench.

It however held appointment of Bhavani Singh as prosecutor by Tamil Nadu govt for appeal in the High Court was bad in law and quashed his appointment. It asked the High Court not to consider Singh’s written submission while readying its verdict. The bench has further directed the High Court to consider written submissions by Karnataka & DMK leader Anbazhagan

The High Court verdict on Jayalalithaa’s appeal is expected by May 12.

The bench has also urged the High Court to keep in mind gravity of offence in corruption cases & onerous duty cast upon judges to deliver justice.

The bench had heard senior advocates Fali S Nariman on behalf of the AIADMK chief and T R Andhyarujina who represented DMK leader K Anbazhagan.

Anbazhagan had sought removal of special public prosecutor Bhavani Singh from the case, arguing Singh was appointed only for the trial and he could not hence appear in the High Court during appeal. He asked for a fresh hearing on appeal.

However, a two-judge bench delivered a split verdict over the legality of the appeal and referred the matter to the Chief Justice of India for constituting a larger bench. The two judges failed to reconcile their views on whether appearance of Singh, who was appointed to conduct trial, was also authorised to argue in the appeal at the High Court. While one judge said that prosecutor’s continuation had vitiated the appeal and it required to be heard afresh, the other judge accorded legal sanctity to the proceedings. Subsequently, the CJI had set up a three-judge bench to adjudge the issue.

The larger bench had earlier observed that a procedural irregularity may not warrant a fresh hearing of the case. It added that the High Court will scan the evidence and fresh submissions made by DMK leader Anbazaghan and only then write the verdict.