Bangalore: The prosecution on Tuesday opposed petitions by Tamil Nadu Chief Minister Jayalalithaa and others challenging the appointment of a special judge three years ago to try the disproportionate assets case against them, contending it was an attempt to protract the proceedings in the 16-year old case.
“The present belated objection taken about three years after the event (appointment) has been filed only to protract the present proceedings”, Special Public Prosecutor (SPP) B V Acharya contended before Special Judge B M Mallikarjunaiah whose appointment has been challenged.
On June 25, Jayalalithaa and three other accused, including her close aide Sasikala Natarajan, had filed the petitions claiming there was no notification, as required under section 3 of the Prevention of Corruption Act on the appointment of Mallikarjunaiah.
When the matter came up before Judge Mallakarjunaiah, the SPP submitted the present special court has been constituted as per the Supreme Court directions for the trial of this case only and the notification issued by the state government on the appointment of the judge was on record. Acharya said the government in exercise of its power under section 9(1) of CrPC and also under section 3 of the Prevention of Corruption (PC) Act has established the court.
“The presiding officer of this court undoubtedly occupies a position of a special judge within the meaning of section 3 of the Act.
The total effect of the December 28, 2003, notification is that any presiding officer posted as the 36th Additional City Civil judge is a special judge within the meaning of section 3 of the Act clothed with the power to try spl CC No 2008 of 2004″, the SPP submitted.
The petitioners argued Mallikarjunaiah had no authority to hear the case and the entire proceedings conducted so far were a nullity adding “the continuance of the proceedings in the circumstances will result in severe miscarriage of justice.”
The objections by the petitioners came when the court is in the process of recording the statement of Sasikala. Jayalalithaa had deposed before the court earlier. The Judge adjourned to July 6 further hearing of the petitions when senior counsel B Kumar, appearing for Jayalalithaa, sought time to make submissions on the objections filed by the SPP. (PTI)