The Special Public Prosecutor and DMK's counsel today had a heated exchange of words during the hearing of appeal filed by AIADMK chief Jayalalithaa before the Karnataka High Court special bench challenging her conviction in the disproportionate assets case.
The exchange broke out when Saravanan, counsel for DMK leader K Anbazhagan, questioned the credentials of Bhavani Singh to appear as SPP to make submissions in the case.
At one stage, when Justice C R Kumaraswamy asked why he was taking on the SPP, Saravanan mentioned that Singh was 'fined' by the trial court for "unecessarily" pleading adjournments on grounds of ill health. But he apologised later after Singh pointed out that only cost was imposed and not fine.
The bench, set up on the Supreme Court's orders, is hearing appeals by Jayalalithaa, as also of three others, challenging their September 27 last conviction by a special court for alleged accumulation of assets disproportionate to her known sources of income during 1991-96, her first stint as Chief Minister of Tamil Nadu.
Earlier, making his arguments, l Nageswar Rao, counsel for Jayalalithaa, submitted a chart which contained her income and expenditure details, complying with the court's directive yesterday.
After going through it, the Judge asked Singh to explain the difference of amount mentioned in the reports filed by the Directorate of Vigilance and Anti Corruption (DVAC) and Jayalalithaa.
"As per the charts handed over to me by A1 (Jayalalithaa), it mentions an excess of Rs 95 lakhs, whereas the DVAC report mentions an excess of Rs 66 crore. How did you (SPP) arrive at this (Rs 66.55 crores) amountIJ" Justice Kumaraswamy queried.
In reply, Singh said DVAC arrived at Rs 66.55 crores during investigations. Intervening, Justice Kumaraswamy asked whether DVAC was present in the court.
When Sambandam, counsel for DVAC, rose, Saravanan brought to the notice of the bench that he was not the investigating officer but it was another official N Nallamma Naidu.
Countering the objections raised by Saravanan, Singh, who visibly looked annoyed, said "you needn't say this. I will make my submission on this in my final arguments."
At this, Saravanan questioned Singh appearing before the bench "without proper authority." "In what capacity and authority you (Singh) are appearing before this honourable benchIJ" he asked.
This did not go down well with Singh and heated arguments ensued between the two. However,
Justice Kumaraswamy intervened saying "why are you (Saravanan) leveling allegations after allegations against Singh. If you really doubt his credentials, you should then file a petition in the High Court against him."
On January 19, the High Court had rejected a prayer by Anbazhagan seeking discontinuation of Singh but allowed him and Karnataka government to approach the Supreme Court for clarification on the issue of procedure of the appointment of the SPP for the appeal.
At the end of today's proceedings, Justice Kumaraswamy posted the matter to January 27 for next hearing.
Jayalalithaa and three others, including her confidante Sasikala, were held guilty of corruption and awarded four years jail term by the special court here, which had also slapped a fine of Rs 100 crore on her and Rs 10 crores each on three others.
A Supreme Court bench, headed by Chief Justice H l Dattu, had granted bail to Jayalalithaa on condition that hearing on her appeal against conviction in the high court should be completed in three months from December 18.