New Delhi, June 30: Will the new petition filed in the J Jayalalithaa case interfere with the verdict in the disproportionate assets case? The Supreme Court was moved by a senior advocate challenging the filing of a criminal appeal by Karnataka challenging the acquittal of Jayalalithaa and three others.
According to the petitioner, if the sentence awarded is seven years or less the revision petition should be filed under section 397/401 of CrPC and not a criminal appeal.
When he moved the Bench which was hearing the main appeal filed by Karnataka, the Bench comprising Justices P C Ghose and Amitava Roy referred it to another Bench which was hearing a similar matter.
Will the new petition interfere with the main appeal:
Justice Ghose and Roy had heard at length arguments advanced by Karnataka and others before reserving the verdict. The fresh petition points out to a point of law and states that the same had not been adhered to.
It was the contention that in cases where the sentence is less than seven years then revision petition ought to be filed and not a criminal appeal.
The advocate sought that this issue be decided by the Supreme Court and the law laid down. He said that several such appeals were being filed and hence the need of the hour is to lay down the law.
While the verdict of the Supreme Court on this petition would be interesting the question is will interfere with the judgment in the main case. Legal experts say that it is unlikely that the new petition will interfere or cause any delay to the verdict in the appeal filed by Karnataka.
Experts also point out that even if the petitioners contentions are upheld after the verdict in the main case is passed, it still will not make much of a difference. These are technicalities and curable defects and can be rectified experts also point out.