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Sunday, April 26, 2015

Jayalalithaa DA case: SC terms SPP's appointment bad, says no fresh hearing in HC Monday April 27,2015

 
In a major setback to AIADMK chief Jayalalithaa, the Supreme Court of India(SCI)on Monday April 27,2015 said that the Tamil Nadu Government has no authority to appoint Special Public Prosecutor (SPP) in connection with the 18-year-old disproportionate assets case against the former chief minister her.

The three-judge bench of the apex court headed by Dipak Mishra, while observing that the appointment of Bhawani Singh as the SPP is "bad in law", said that it does not warrant de novo hearing in the case.
While maintaining that Karnataka has the power of being the sole prosecuting agency in the case, the apex court urged the Karnataka High Court to keep in mind the gravity of offence in corruption cases and onerous duty cast upon judges to deliver justice.

While ruling no fresh hearing in the case, the SC directed the Karnataka High Court to take into consideration all evidences in the case.

The SC also said that DMK leader K Anbazhagan and the government of Karnataka can file their written submission before the High Court latest by April 28,2015

J Jayalalithaa DA case - Timeline
1996:
June 14: Dr. Subramanian Swamy files complaint against Jayalalithaa
June 21: The Principal District and Sessions Judge directs Letika Saran, IPS, to investigate the private complaint
June 18: The then (DMK) government directs DVAC to register an FIR against Jayalalithaa for allegedly possessing unaccounted assets 
1997:
June 4: Charge sheet filed in Chennai; Rs. 66.65 crore disproportionate assets
Oct 21: Court frames charges against Jayalalithaa, V.K.Sasikala, V.N.Sudhakaran, and J. Ilavarasi
2002:
March: Takes charge as Chief Minister again
Nov. 2002 to Feb 2003: 76 witnesses were recalled and they resiled their previous statements
Feb 28, 2003: DMK leader K. Anbazhagan moves Supreme Court for transfer of trial
Nov 18: Supreme Court orders transfer of trial to a Special Court in Bangalore while observing that ‘fair trial was not going’ in Chennai
Dec. 2003 to March 2005: Special Court set up at Bangalore B.V.Acharya named Special Public Prosecutor for the case
2010:
Jan. 22: Supreme Court clears way for trial of DA case and trial commences
Dec. 2010 to Feb, 2011: Witnesses re-examined by the prosecution
2011:
May 16: AIADMK back in power, Jayalalithaa becomes Chief Minister again
Oct. 20 & 21; Nov 22 & 23: Jayalalithaa appears in person,answers Special Court’s questions.
2012:
Aug. 13: G. Bhavani Singh appointed as SPP
Aug. 23: Anbhazhagan moves HC questioning appointment
Aug. 26: Karnataka Govt. removes Singh as SPP
Aug.-Sept: Singh moves Apex Court which reinstates him
Sept. 30: Special Court judge Balakrishna retires.
Oct. 29: HC appoints John Michael Cunha as judge of Special Court
2014:
Aug. 28: Trial concludes, Special Court says verdict will be pronounced on September 20
Sept. 15: Ms. Jayalalithaa requests for change of locations for security reasons.
Sept. 16: Special Court allows Jayalalithaa’s plea, orders for shifting venue near Bangalore Central prison; postpones verdict to September 27.
Sept. 27: Jayalalithaa sentenced to four years in jail, fined Rs. 100 crore | Full text of the verdict
Oct. 7: Karnataka HC rejects Jayalalithaa bail plea
Oct. 17: Jayalalithaa gets bail with caveats
Dec. 18: SC extends bail to Jayalalithaa by four months, directs Karnataka HC to form special bench
2015
Jan. 1: Karnataka High Court constitutes a Special Bench of Justice C.R. Kumaraswamy to hear the appeals filed by Jayalalithaa and others
Jan. 5: Hearing begins on Jayalalithaa's appeal
Feb. 5: HC rejects DMK leader Anbazhagan's plea to act as intervener or assist SPP
Feb. 26: Anbazhagan moves Supreme Court for removal of SPP Bhavani Singh
March 4: Karnataka HC declines to defer Bhavani Singh arguments
March 6: Prosecution concludes arguments in Jayalalithaa appeal hearing
March 9: SC refuses to stay appeal hearing in Karnataka HC
March 12: Jayalalithaa has approached the High Court with unclean hands, claims Subramanian Swamy. Read more
March 12: Karnataka High Court reserves its verdict on the appeals filed by Jayalalithaa
April 7: Suprem Court stays Jayalalithaa appeal verdict till April 15
April 15: Supreme Court refers Anbazhagan's plea to larger bench
April 22: Three-judge Bench of Supreme Court rules out fresh hearing in Jayalalithaa appeal

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