Karnataka to move SC against Jayalalithaa''s acquittal

Bangalore/Chennai, June 1

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The Karnataka Government on Monday decided to appeal in the Supreme Court against the acquittal of Tamil Nadu Chief Minister J Jayalalithaa in the disproportionate assets case.

"The state Cabinet has accepted the recommendation of the Special Public Prosecutor (BV Acharya) and state Advocate General (Ravivarma Kumar) to appeal against the May 11 Karnataka High Court verdict, which acquitted Jayalalithaa in the case," state Law Minister TB Jayachandra told reporters here.

Though the ruling Congress's legal cell recently advised against such appeal, as the state government was not a party to the 19-year-old case, the Cabinet endorsed the opinion of the AG and SPP on merits after the apex court ruled that Karnataka was the sole prosecuting agency as the case was transferred to the state in 2003 from a Chennai trial court.

"A three-judge Bench of the Supreme Court on April 27 directed the state government to appoint an SPP in the case as Karnataka was the prosecuting agency on transfer of the case to a Bengaluru trial court since 2003," Jayachandra recalled.

The Bench, headed by Justice Dipak Misra, remarked that once the case was shifted to Karnataka under Section 406 of the Indian Penal Code (IPC), the state steps into the shoes as prosecutor.

"The apex court also observed that Karnataka must understand its responsibilities and ensure smooth and fair perusal of prosecution. It (Karnataka ) has an obligation to do so," Misra observed.

Clarifying that the decision had nothing to do with inter-state issues, the Minister said the Cabinet decision on Monday was based on merits and the government's responsibility to honour the top court's observations and abide by its ruling in the case.

Meanwhile, Opposition parties in Tamil Nadu today welcomed Karnataka government’s decision, with DMK terming it as the “right” step by the ruling Congress.

“Karnataka has taken the right step. It is a welcome one,” party spokesperson T K S Elangovan told reporters here.

Dravida Munnetra Kazhagam (DMK) President M Karunanidhi, besides other leaders, had been urging the Karnataka government to appeal against Jayalalithaa’s acquittal.

Tamil Nadu Congress Committee chief E V K S Elangovan lauded his party-led government in Karnataka for “quickly deciding” on approaching the apex court with an appeal before the 90-day deadline.

“The (Karnataka) High Court had completely turned down the sentence awarded to Jayalalithaa and three others (N Sasikala, J Ilavarasi and VN Sudakaran) by the trial court. After two such different judgements there will be justice in the Supreme Court,” he said in a statement.

In his reaction, Pattali Makkal Katchi (PMK) founder S Ramadoss, who had written to Karnataka Chief Minister Siddaramaiah asking his government to appeal against Jayalalithaa’s acquittal, said: “albeit a little delayed decision, it is a welcome one.”

He said he had been insisting that the verdict had “loopholes”.

Ramadoss said if the Karnataka government had immediately heeded to his demand, “at least Jayalalithaa becoming Chief Minister could have been avoided” by trying to secure a stay against the High Court verdict.

“Karnataka should file an appeal, highlighting the loopholes and seek a stay order against the High Court judgement,” he added.

B V Acharya, who was Special Public Prosecutor (SPP) in the case, should continue in the apex court also since he was aware of the nuances of the case, Ramadoss said.

BJP state unit President Tamizhisai Soundararajan said that since two different verdicts were given in this case—conviction by lower court and acquittal by High court-, the appeal will give “clarity” to the people of the state.

The Karnataka government, earlier in the day, decided to file an appeal in the Supreme Court against acquittal of Jayalalithaa and three others in the disproportionate assets case.

The decision to challenge the May 11 verdict by Justice C R Kumaraswamy of Karnataka High Court was taken at a cabinet meeting in Bengaluru after the advice by the SPP B V Acharya and state Advocate General Ravivarma Kumar as also the state Law Department. — IANS/PTI