Former chief minister J Jayalalithaa (File photograph)
The Supreme Court has ruled out a cancelling the ongoing hearing of the appeal by former Tamil Nadu chief minister J Jayalalithaa against her conviction in the disproportionate assets case, which can happen if the appointment of the public prosecutor in the case is cancelled.
The opposition DMK had challenged the appointment of the public prosecutor Bhavani Singh, terming it "illegal". A petition by party leader K Anbazhagan has called for his removal.
After a two-judge bench gave a split verdict on the DMK petition, the top court formed a three-judge bench headed by Justice Dipak Misra.
The new bench today said the appointment of the Public Prosecutor was "bad" and he has no authority to represent the prosecution. "But procedural irregularity doesn't warrant a fresh hearing," the bench said.
The court ordered the Karnataka high court judge to scan the evidence, hear the fresh submissions by the DMK and Ms Jayalalithaa and give its judgment.
The verdict has been reserved for Monday.
Ms Jayalalithaa, her aide Sasikala and two others were found guilty of illegally amassing assets worth Rs 66 crore last year and were sentenced to four years in jail.
The former chief minister has been granted bail by the Supreme Court, but her appeal against the conviction was heard by the Karnataka High Court, which has reserved its verdict.
Now, if Mr Singh is removed as prosecutor, the hearings on Ms Jayalalithaa's appeal, which took place over the last three months, will stand cancelled. The appeal will then have to be heard again after a new prosecutor is appointed.