Jaya case: HC upholds special court's decision imposing Rs 60,000 on prosecutorBANGALORE: The Karnataka high court has upheld the March 14 order of the special court trying multi-crore disproportionate assets case involving Tamil Nadu chief minister J Jayalalithaa in imposing the Rs 60,000 cost upon the special public prosecutor G Bhavani Singh.
"Practically, this matter is being adjourned from August 27, 2013 on a day to day basis. It is seen that the special public prosecutor appointed in the case, inspite of several rescheduling of dates, to accommodate him to commence arguments, one or the other pretext, he has taken time by producing medical certificates. When the court directed him to furnish the name of the doctor who issued the said certificate, the same has not been given. In effect, it is seen from every possible attempt is being made by special public prosecutor to prolong the matter for the reason best known to him," Justice S N Satyanarayana observed while dismissing the criminal petition filed by G Bhavani Singh.
"On going through the order sheet of the special court, there is an attempt on one side, the accused continuously keeping away from the court by filing exemption petition and from appearance and prosecution on the other hand seeking time for restarting arguments, subjecting the court to severe stress," the judge further observed.
"The order sheet also clearly indicates that the special public prosecutor who is specifically appointed to see that the matter is expedited and reaches conclusion at the earliest, does not seem to be have any inclination to co-operate with the court and in as much as he is trying to confront the court at every stage for commencing arguments and the matter is pending for the past seventeen years. In that view of the matter, the court below has taken the extreme step of coercing the special public prosecutor to commence the arguments. At this juncture, if this court interfere wither in staying the order or modifying the order, it will demoralize the special court and its judge, who is making all efforts to see that the matter is disposed off at the earliest on time bound basis," the judge has added while holding that the order of the special court is "just and proper".
The trial court had imposed cost on Bhavani Singh, equivalent to his one-day fee.
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"Practically, this matter is being adjourned from August 27, 2013 on a day to day basis. It is seen that the special public prosecutor appointed in the case, inspite of several rescheduling of dates, to accommodate him to commence arguments, one or the other pretext, he has taken time by producing medical certificates. When the court directed him to furnish the name of the doctor who issued the said certificate, the same has not been given. In effect, it is seen from every possible attempt is being made by special public prosecutor to prolong the matter for the reason best known to him," Justice S N Satyanarayana observed while dismissing the criminal petition filed by G Bhavani Singh.
"On going through the order sheet of the special court, there is an attempt on one side, the accused continuously keeping away from the court by filing exemption petition and from appearance and prosecution on the other hand seeking time for restarting arguments, subjecting the court to severe stress," the judge further observed.
"The order sheet also clearly indicates that the special public prosecutor who is specifically appointed to see that the matter is expedited and reaches conclusion at the earliest, does not seem to be have any inclination to co-operate with the court and in as much as he is trying to confront the court at every stage for commencing arguments and the matter is pending for the past seventeen years. In that view of the matter, the court below has taken the extreme step of coercing the special public prosecutor to commence the arguments. At this juncture, if this court interfere wither in staying the order or modifying the order, it will demoralize the special court and its judge, who is making all efforts to see that the matter is disposed off at the earliest on time bound basis," the judge has added while holding that the order of the special court is "just and proper".
The trial court had imposed cost on Bhavani Singh, equivalent to his one-day fee.
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