New Delhi, Mar 15: Arguments in the disproportionate assets case against Tamil Nadu Chief Minister, J Jayalalithaa continued today before the Supreme Court with Karnataka pointing out to the delays in the case.
Special Public Prosecutor for Karnataka and senior counsel B V Acharya put up a passionate argument stating that Jayalalithaa had done everything to delay the case which dragged on for nearly 18 years. Karnataka is challenging the order which acquitted Jayalalithaa and three others.
Hearing on the matter will continue tomorrow. Special Public Prosecutor, B V Acharya has been asked to furnish details of the loans taken by Jayalalithaa by tomorrow.
While the trial court had convicted her and three others, the Karnataka High Court reversed the order.
Acharya said that there had been so much delay in the case that 76 witnesses had turned hostile. Further he said that there should be no further delays. It may be recalled that the trial court had observed that she had become a Chief Minister twice during the pendency of the case.
Not given a fair chance:
Acharya also drew the attention of the Supreme Court of how Karnataka the prosecuting state in the case was not given a fair chance before the high court. He said that Karnataka despite being the prosecuting state was given a very short notice to prepare the arguments. Moreover the arguments were to be in written form.
Further Acharya also noted that the Karnataka High Court had not even considered the written arguments submitted by them. Had the arguments been considered then the High Court would have not reversed the order of the trial court.
Moreover the arithmetic error that led to the acquittal too would not have happened, Acharya further noted. The high court has also not gone into why it was reversing the order of the trial court, Acharya pointed out.
The trial court had issued a thorough verdict after considering all facts and evidences on record. The high court on the other hand ensured that a good case collapsed as it did not record any reason for the reversal of the verdict and also committing a crucial arithmetic error.
Acharya also brought on record the argument regarding the locus standi of Karnataka in filing the appeal.
Since the case was originally filed in Tamil Nadu, Jayalalithaa had contested the right of Karnataka in filing the appeal in the Supreme Court. Acharya said that this has been discussed and well settled earlier as well.
First and foremost it was the Supreme Court which transferred the case to Karnataka. After the trial was held the appeal was filed in the Karnataka High Court. Both the division bench of the Karnataka High Court and Supreme Court had held that Karnataka is the prosecuting agency.
This is a settled matter and we are well within our right to file an appeal in the Supreme Court, Acharya further contended.