K ANBAZHAGAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In view of the difference of opinion by two learned Judges and regard being had to the referral order dated 15.4.2015, (2015) 5 SCALE 183 , this appeal has been placed before us for consideration and decision. We are called upon in this appeal to decide whether the 4th respondent was authorised to represent the case of the prosecution in the High Court of Karnataka in the appeals filed by the accused persons against their conviction by the Special Court, and if he was not so authorised, whether there is necessitous warrant of criminal appeals to be heard afresh by the High Court.

(2.) The factual score exposited in this appeal has a history. The 5th respondent, Ms. J. Jayalalithaa, was the elected Chief Minister of Tamil Nadu from 1991 to 1996 and she was heading the political party called AIADMK. In 1996, she faced a political defeat at the hands of another political party, namely, DMK. Keeping in view the allegations pertaining to amassing assets disproportionate to the known sources of income, criminal proceedings were initiated against her and her associates, respondent nos. 6 to 8. The State of Tamil Nadu had constituted Special Courts for their prosecution. In pursuance of the constitution of Special Courts, C.C. No. 7 of 1997 was filed before the learned Special Judge, Chennai against the accused persons and they were chargesheeted for the offences punishable under Section 120B of the Indian Penal Code, 1860 (IPC) read with Section 13(1) and 13(2) of the Prevention of Corruption Act (for brevity, "the 1988 Act").

(3.) As the expos of facts would further reveal, the trial continued before the Special Court but with the time rolling by, in 2001 elections, the AIADMK headed by the 5th respondent got elected and she was appointed as the Chief Minister of Tamil Nadu. Her appointment was called in question before this Court in B.R. Kapur v. State of Tamil Nadu and Another, 2001 7 SCC 231, wherein the majority speaking through Bharucha, J. (as his Lordship then was) held thus:-