The Special Public Prosecutor (SPP) in the disproportionate assets case against Tamil Nadu Chief Minister J Jayalalithaa on Friday opposed DMK leader K Anbazhagan's plea in a special court in Bangalore seeking permission to assist it and the prosecution in the ongoing trial.
Special Court Judge M S Balakrishna, before whom opposition DMK General Secretary Anbazhagan had filed the application, posted the matter for August 20 for hearing after SPP Bhavani Singh filed his objections.
The court had on August 14 asked Singh to file objectionsto the application by Anbazhagan, on whose plea the case was transferred by the Supreme Court to Karnataka in November 2003. Objecting to Anbazhagan's application, Singh said he was fully conversant with the evidence and also the entire facts of the case.
Anbazhagan had contended that Singh was appointed as SPP recently to handle the case and was not fully conversant with the evidence, and also the entire facts of the case. He had apprehended that Singh would not be able to assist the court to the fullest and was 'handicapped by ignorance' of the full and actual facts due to his recent appointment.
The DMK functionary had also cited another reason for his need to assist the court and the SPP, saying the accused was entitled to a reply only on completion of the arguments by the prosecution, as per section 234 of the CrPC. "In the case on hand, it appears that the accused is addressing the arguments even before the prosecution has commenced its arguments.
This is in clear violation of the mandate of section 234 CrPC and therefore illegal. "The applicant apprehends that this will lead to miscarriage of justice and vitiate the final judgment that may be rendered in the case," the application had said. Jayalalithaa has been charged with accumulating Rs 66.65 crore wealth disproportionate to her known sources of income when she was the Chief Minister for the first time from 1991 to 1996.
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