Bengaluru, May 14: The J Jayalithaa case is expected to see some more drama. With Karnataka not announcing any fixed date on when it would go in appeal against the acquittal, all the focus has shifted back to Justice Kumaraswamy and what he would do on the calculations of the disproportionate income.
Special Public Prosecutor B V Acharya had alleged that there were arithmetic errors while calculating the disproportionate income and as a result of this, the acquittal order was passed.
Who will make the first move?
While yesterday there were indications that the arithmetic errors would be corrected as the Judge has powers under Section 362 of the Cr.PC to do so, today there is not word on any such move as yet.
Legal experts say that while an error may be corrected, in this particular case it is extremely difficult to do so. If the errors are corrected then the quantum of the disproportionate assets goes up and the court will not be able to justify the acquittal.
The next question is whether the AIADMK themselves would move an application before the court seeking corrections of the same? While the High Court may wait for such a move to be made, it is unlikely that any suo motu action would be taken.
Karnataka the prosecuting state on the other hand which pointed out this mistake would make no such move. This is their trump card in the appeal and they would make this their ground while appealing in the Supreme Court.
No politics please:
While there were indicators that the Karnataka government would move an appeal only after consulting with the Congress high command. However Chief Minister, Siddaramaiah made it clear that the appeal would be filed.
This is not about the DMK or AIDMK, this is a case which has been entrusted with Karnataka and the right legal route would be taken he said. Consultations in this regard are on he also added.
However the Karnataka Government would wait for a complete opinion from the Special Public Prosecutor before it prepares its appeal. B V Acharya the SPP is reading through the verdict thoroughly and is making points which he would present before the state government.
The Karnataka legal team says that they want no errors and would prepare a fool proof appeal. It may take sometime, but we will make sure that we file a strong appeal in the Supreme Court. We know we have a good case on hand, a law ministry official informed.