SELVI J. JAYALALITHAA & ORS. versus STATE OF KARNATAKA & ORS.

SELVI J. JAYALALITHAA & ORS. versus STATE OF KARNATAKA & ORS.

The revocation/withdrawal of the appointment of Shri G. Bhavani Singh as Special Public Prosecutor was quashed because the record showed the State had accepted and acquiesced in the appointment for almost seven months and the withdrawal was tainted by malafides (a sudden change of position after a change of government without legally sustainable reasons), thereby risking unfairness to the trial; the matter of extending the Special Judge's services is administrative and should be decided by the High Court/State under the Karnataka Judicial Service (Recruitment) Rules, 2004 read with Article 235.

Parties
Petitioners: Selvi J. Jayalalithaa & Ors.; Respondents: State of Karnataka & Ors.
Jurisdiction
India
Judgment Date
30 September 2013
Procedural Posture
Writ Petition (criminal) Under Article 32 / Decision/disposed
Outcome
Writ petitions disposed; impugned orders quashed and matter referred to High Court of Karnataka for administrative decision on extension of Special Judge's services
Legal Topics
Appointment and Removal of Special Public Prosecutor, Fair Trial Under Article 21, Consultation Requirement Under Article 235, Malafide/legal Malice, Extension of Judicial Tenure
Criminal Procedure Constitutional Law Administrative Law Appointment and Removal of Special Public Prosecutor Fair Trial Under Article 21 Consultation Requirement Under Article 235 Malafide/legal Malice Extension of Judicial Tenure

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Parties

Selvi J. Jayalalithaa & Ors.

Petitioners

State of Karnataka & Ors.

Respondents

Procedural Posture

Writ Petition (criminal) Under Article 32 / Decision/disposed

Legal Issues

  1. 1 Whether the State Government validly revoked/withdrew the appointment of the Special Public Prosecutor (SPP)
  2. 2 Whether the revocation was tainted by malafides and thereby violative of the right to a fair and speedy trial under Article 21
  3. 3 Whether this Court should exercise powers under Article 142 to direct extension of the Special Judge's tenure

Ratio Decidendi

The revocation/withdrawal of the appointment of Shri G. Bhavani Singh as Special Public Prosecutor was quashed because the record showed the State had accepted and acquiesced in the appointment for almost seven months and the withdrawal was tainted by malafides (a sudden change of position after a change of government without legally sustainable reasons), thereby risking unfairness to the trial; the matter of extending the Special Judge's services is administrative and should be decided by the High Court/State under the Karnataka Judicial Service (Recruitment) Rules, 2004 read with Article 235.

Court Disposition

Writ petitions disposed; impugned orders quashed and matter referred to High Court of Karnataka for administrative decision on extension of Special Judge's services

Orders

  • Impugned order removing Shri G. Bhavani Singh as Special Public Prosecutor quashed
  • Matter referred to the High Court of Karnataka to decide on the administrative question whether the services of the Special Judge should be extended to conclude the trial in accordance with Karnataka Judicial Service (Recruitment) Rules, 2004 and Article 235