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Jayalalithaa case: SC quashes prosecutor's withdrawal

New Delhi: In a relief to Tamil Nadu Chief Minister Jayalalithaa, the Supreme Court today quashed the withdrawal of Special Public Prosecutor Bhavani Singh in a corruption case against her."... We are of the considered



”Accordingly, we have no hesitation in holding that the notification purporting to revoke the appointment of G. Bhavani Singh as SPP is liable to be struck down.”

Holding that the decision to remove Singh had political overtones, the court said: “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 inasmuch 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 discernable 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, the court said.