The Supreme Court has adjourned a plea challenging the appointment of B V Acharya as special public prosecutor for Karnataka in the J Jayalalithaa disproportionate assets case. The plea has been adjourned by two weeks.
The petitioner had challenged the appointment of Acharya on the ground that Karnataka had no locus standi to file the appeal in the Supreme Court. The matter is expected to be taken up on the day when the Supreme Court would reserve its verdict in the case.
The issue of Karnataka filing an appeal has been raked up several times before. When Karnataka had decided to file the appeal in the Supreme Court challenging the acquittal of Tamil Nadu Chief Minister, J Jayalalithaa and others the locus standi of the move was questioned. In fact it was stated that since the case originates from Tamil Nadu it should be that state and not Karnataka filing the appeal.
Acharya however stated that only Karnataka had the right to file the appeal. The case was transferred to Karnataka by the Supreme Court. When the trial court had convicted Jayalalithaa, she had moved the Karnataka High Court in appeal. Hence Karnataka was the prosecuting state and only it had the right to file an appeal. Further the state of Karnataka had issued a notification appointing B V Acharya as the special public prosecutor in the case.
He had argued the matter before the trial court and even filed written submissions in the Karnataka High Court. Hence his appointment is valid, Karnataka contends.