Jaya case: Law secy prepares appeal as SPP says stay will be sought first

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New Delhi, May 12: The minister for Law and Justice Karnataka, T B Jayachandra has directed the law secretary of the state to go through the Jayalalithaa verdict and make preparations for an appeal before the Supreme Court of India.

Read more: Jaya verdict: Court made an arithmetic error?

The state is convinced that they have a good case on hand after Special Public Prosecutor, B V Acharya has opined that it is a fit case to be challenged.

Jaya case: Law secy prepares appeal

Acharya informed Oneindia that there are mathematical errors made while concluding about the disproportionate assets and also added that the first step would be to seek a stay on the acquittal.

State will get SPP's nod:
As per the rule the Special Public Prosecutor does not have to await a nod from the state government to file an appeal. I can file the appeal as I have been appointed the Special Public Prosecutor in the case he also said.

Acharya also informed that this is a fit case to be challenged and the state has a very strong ground to seek reversal of Justice Kumaraswamy's judgment in which he acquitted Jayalalithaa and three others.

Read more: Jayalalithaa may advance state polls by a few months

Law Minister, Jayachandra also informed that he had directed the law secretary to study the judgment in full and then the appeal would be filed. A meeting of the law department, Advocate General and the Special Public Prosecutor will be convened to take the matter forward.

The Karnataka government will make a single point argument before the Supreme Court while challenging the acquittal. If it manages to prove to the Supreme Court that the High Court had erred in calculating the disproportionate income, it has a very strong case on hand.

Acharya informed that they are sure that there has been a mistake while calculating the disproportionate income. This will be the best point to argue before the Supreme Court, but we will first seek a stay on the verdict, he also informed.

Time frame:

The time frame to file an appeal in this case is crucial. The state of Karnataka has 90 days to file an appeal before the Supreme Court. The state may take some time, but if it is entirely convinced that they have a good case to challenge the acquittal, they will move the Supreme Court sooner.

The DMK led by Anbazahagan in the High Court will wait for Karnataka to file an appeal. He had made written submissions before the court. The appeal according to legal experts would be stronger only if the prosecuting state (Karnataka) files the appeal, instead of appeals being moved by individuals.

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