Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Sep 18: In connection with an appeal filed in the rape case against head of Ramachandrapur Math, Sri Raghaveshwarateertha Swamiji, the proposed presence of additional advocate general (AAG) of the state to argue the case on behalf of the prosecution was objected to when the case came up in the state high court on Monday September 17.

The interim application filed in the case questioning the appearance of AAG in the case, was heard by a single judge bench presided over by Justice R B Budihal. After hearing arguments and counter arguments, the bench reserved its orders.

Presenting arguments on behalf of the Swamiji, senior advocate, C V Nagesh, argued that the post of additional advocate general happens to be a constitutional post and hence as per law, AAG cannot appear and argue such cases. He said that those who represent the government or prosecution should be either state public prosecutor of special public prosecutor. Otherwise, such representation violates section 24 of Criminal Procedure Code, he felt.

AAG, A S Ponnanna, who countered Nagesh's arguments, said that state AAG can be present on behalf of the prosecution in criminal cases under section 21(c) of Karnataka Law Officers (appointment and conditions of service) rules. He argued that the defendants in the case have been trying to stretch the hearing in the case unnecessarily. He therefore, urged the bench to decline the objections.

The bench reserved its orders. If the bench upholds the objection, the prosecution will have to be represented by state public prosecutor, S S Chandramauli, in the case.