Disproportionate assets case: Chief Justice of Karnataka High Court recuses himself from hearing DMK leader Anbazhagan's plea against appointment of Bhavani Singh as Special Public Prosecutor

Chief Justice of Karnataka High Court D.H. Waghela on Tuesday recused himself from hearing DMK leader Anbazhagan's appeal challenging the appointment of G Bhavani Singh, special public prosecutor (SPP) in the appeal filed by AIADMK general secretary Jayalalithaa against her conviction in the disproportionate assets case.

Mr. G. Bhavani Singh, SPP in the disproportionate assets case

The appeal was preferred by Mr. Anbazhagan against the order passed by a single judge asking him to approach Supreme Court on Tamil Nadu's action of appointing Mr. Singh as SPP.

The single Judge, Justice Byrareddy had directed Anbazhagan and Karnataka government to approach the Supreme Court for clarification on the issue of procedure of the appointment of the SPP as it was improper for him to interpret its order relating to the bail plea filed by Jayalalithaa.

On October 17 last year, the apex court had granted conditional bail to Jayalalithaa, who was convicted in the ‘disproportionate assets case’ and sentenced to imprisonment for a term of four years by the trial court on September 27, 2014 , saying that the hearing on her appeal against conviction in the High Court should be completed in three months from December 18.

 

Justice Byrareddy had also observed that since the apex court in its order on giving bail to Jayalalithaa was silent on the issue of procedure of appointing the SPP, the High Court wouldn't like to interpret the apex court's order.

The appeal filed by Mr. Anbazhagan was being heard by a Division bench comprising of Chief Justice Waghela and Justice Ashok B. Hinchigeri from yesterday.

The recusal came was after Mr. Singh's counsel said that the Chief Should not hear the case as he (Chief Justice Waghela) had on the administrative side had on earlier occasion given consent to Karnataka government's decision of removing Mr. Singh from the post of SPP. Later this decision of the Karnataka government was set aside by the Apex Court.

Mr. Singh's counsel had filed a memo for recusal of the Chief Justice in the morning and recthe Chief Justice recused from hearing in the afternoon when Mr. Singh's counsel insisted that the Chief Justice should not hear the appeal by Mr. Anbazhagan whereas counsel representing other parties said that they have no object for Chief Justice from hearing the appeal.