Chennai, June 4: A series of meetings will be held today to take a call on the date to file the appeal in the J Jayalalithaa disproportionate assets case. A battery of lawyers from Delhi are in Karnataka today and it would be decided whether to file the appeal right away or after July 1 since the Supreme Court is on vacation now.
While there is no problem in filing the appeal before the vacation bench of the Supreme Court, the only issue that Karnataka would have is to convince the judges hearing the case that there is an urgency involved in the matter.
The Karnataka government last earlier this week decided on filing an appeal challenging the Karnataka High Court order which had acquitted Jayalalithaa in the disproportionate assets case.
Is there is an urgency to file the appeal?
Sources in the Karnataka Law Department tell Oneindia that there will be a discussion today on whether to move the Supreme Court right away or after July 1 when the vacation gets over.
The Supreme Court is on vacation till July 1. If the Supreme Court is moved right away the state of Karnataka will have to convince the court that there is an urgency involved in the matter.
When an appeal is moved during the vacation in the Supreme Court, an urgency application citing the reasons also needs to be filed. The Supreme Court could always question the urgency and if it finds no merit dismiss this application. If the urgency application is dismissed then the Karnataka government will have to move the Supreme Court once again after the vacation with a fresh appeal.
There would be day long deliberations on the subject and a final call on whether to move the Supreme Court immediately or after July 1 will taken today. The Karnataka government has time until August 8 to file an appeal.
Acharya to be notified as special counsel today:
The Karnataka Government will also issue a Government Order (GO) notifying senior counsel B V Acharya as the special counsel to argue before the Supreme Court. The GO is expected to be issued today.
Law department officials say that the appeal is ready. However, there are some final touches that need to be given and that would be done once the GO relating to B V Acharya is issued. Acharya who was the Special Public Prosecutor in the case had argued the case initially in the trial court before he decided to step down complaining of pressure.
He was once again appointed as the Special Public Prosecutor when the case came up in appeal before the High Court. He had submitted written arguments on behalf of the state of Karnataka after the Supreme Court had struck down the appointment of G Bhavani Singh as SPP terming it as illegal.