BackSC quashes Karnataka move to remove prosecutor in Jayalalithaa’s DA case
Apex court says Karnataka’s decision was malafide, triggered due to switch over of government in the state
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New Delhi: In a big relief to Tamil Nadu chief minister J. Jayalalithaa, the Supreme Court on Monday quashed the decision of Congress-led Karnataka government to remove special public prosecutor (SPP) G. Bhawani Singh from the disproportionate assets (DA) case against her, saying it was a “malafide" decision triggered due to “switch over" of government in the state.
“We are of the considered opinion that the order of removal of G. Bhavani Singh is a product of malafides and the impugned order is not sustainable in the eyes of law as such the same is hereby quashed," a bench of justices B.S. Chauhan and S.A. Bobde said.
The bench, which acknowledged that the state has the power to revoke the appointment of SPP, however, said the “unusual" decision taken after the “switch over" of the government was legally unsustainable. “In the instant case, as disclosed during the course of arguments, there has been a change of the political party in power in May 2013 and thus the order of the state government is alleged to be politically motivated," alluding to Congress replacing the BJP-led government after elections.
“In our opinion, though there is an undoubted power with the government to withdraw or revoke the appointment within section 21 of the General Clauses Act, but that exercise of power appears to be vitiated in the present case by malafides in law in as much as it is apparent on record that the switch over of government in between has resulted in a sudden change of opinion that is abrupt for no discernible legally sustainable reason."
“The sharp transitional decision was an act of clear unwarranted indiscretion actuated by an intention that does not appear to be founded on good faith," it said.
Bhawani Singh was appointed during the tenure of BJP-led government in the state. Referring to statutory provisions, governing the service of the trial judges, the bench in its 24-page verdict said, “We refer the matter to the high court of Karnataka to decide on the administrative side as to whether, in order to conclude the trial expeditiously as guaranteed under Article 21 of the constitution requires the extension of the services of the learned special judge.
“Considering the urgency of the matter, we request the high court of Karnataka to take a decision in this regard as early as possible."
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