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Jayalalithaa appeal to be delayed further: What is the next course of action?
Chennai/New Delhi, April 15: The verdict in the J Jayalalithaa disproportionate assets case will be further delayed.
While many were expecting that the verdict would be delivered by tomorrow, the Supreme Court which was hearing a plea for removal of the Special Public Prosecutor has decided to refer the case to a larger bench.
The Supreme Court on Wednesday delivered a divergent verdict on the removal of the SPP in the case.
While Justice M B Lokur allowed the plea for removal of SPP Justice R Banumathi said the SPP has the authority to continue in appeal in High Court.
What happens next?
With the Supreme Court delivering a split verdict, the case will now be heard by a larger bench of the Supreme Court. A large bench will comprise three or more judges and the Bench will be constituted by the Chief Justice of India, H L Dattu.
As a result of this order, the High Court which had received its verdict will have to await the outcome of the Supreme Court decision. Several persons had expected that the High Court would deliver the verdict on the appeal filed by Jaya tomorrow.
What if Supreme Court strikes down SPP appointment?
If the Supreme Court were to strike down the appointment of the SPP, then the entire case would have to be re-heard before the Karnataka High Court.
Striking down the appointment would be holding the same as illegal and this would mean any argument advanced by the SPP would stand null and void.
However if the Supreme Court does not interfere with the appointment of the SPP, then the High Court could go ahead and pronounce the verdict.
Backdrop of the case
DMK leader Anbazhagan had moved the Supreme Court on February 20 challenging two separate orders passed by the High Court.
In the first order on February 5, the High Court dismissed Anbazhagan's plea to help the prosecution side in the appeals while observing that he is a "political opponent" and has no statutory right.
On February 11, the High Court rejected his challenge against SPP, Bhavani Singh's authority as Special Public Prosecutor.
OneIndia News
