Swamy informed a bench headed by Chief Justice H L Dattu that he was the original complainant in the case against Jayalalithaa and hence be permitted to advance oral arguments before the HC during the hearing of her appeal. However, the bench said: "We never permitted you to make oral arguments. You can always assist the public prosecutor. If we allow you to make oral arguments, then we will be re-writing the criminal procedure code. It is not permitted under the CrPC."
Swamy argued that the apex court in a judgment in 2001 had ruled that the complainant in a case under Prevention of Corruption Act was akin to a public prosecutor.
The bench told Swamy that what transpired before the HC during oral submissions was not in the knowledge of the apex court.
"It will be better if you get an order from the HC on this issue and challenge it before the Supreme Court. We will take a view on this after that," it said.
Hearing continues: The hearing on the criminal appeals filed by Jayalalithaa and three others in the high court continued on Tuesday.
Justice C R Kumaraswamy directed to provide the English translation of the charges against the accused. This was after the counsel for the appellants told the court that the English translation placed before the court did not match the charges in the Tamil version.
http://ift.tt/1kuDWdc Court,Subramanian Swamy,Karnataka High Court,Jayalalithaa
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