HC quashes Sadashiva Murthy’s re-appointment as special public prosecutor

Bengaluru: The high court quashed the appointment/re-appointment of former director of prosecution Sadashiva Murthy as special public prosecutor (SPP) in the 2013 murder case of Fr Thomas K J, observing that the process was vitiated by “non-application of mind” and gave rise to a reasonable apprehension of bias.

Justice Suraj Govindaraj, in his order, held that state govt had failed to establish any special circumstances warranting Murthy’s appointment. The judge also took exception to the complainant, secretary of St Peter’s Pontifical Seminary in west Malleswaram (where Fr Thomas was serving as rector), agreeing to bear the prosecutor’s remuneration.

“The fact that St Peter’s Pontifical Seminary secretary, the complainant, has agreed to bear the remuneration, together with the direction allowing that remuneration be paid directly by complainant to the special public prosecutor, creates an advocate-client relationship and gives rise to a reasonable apprehension of bias, so as to affect the fairness of the trial, thereby rendering the appointment illegal,” Justice Govindaraj observed.

Yeshwantpur police had registered the case and filed chargesheet in 2014. Following a request from the complainant, Murthy was appointed SPP on May 7, 2014. He was removed in Sept 2020 and replaced by Chinnappa Harsoor. Harsoor was removed in July 2022, following which the case was entrusted to the regular public prosecutor attached to the trial court. The complainant subsequently sought Murthy’s re-appointment. Though the request was rejected on March 17, 2023, Murthy was again appointed SPP later that month.

Source: The Times of India