A three-judge bench headed by Justice Dipak Misra, however said, though the appointment of the SPP is "bad in law", it does not warrant "de novo" (fresh) hearing of appeals of the convicts, including the AIADMK chief.

"Tamil Nadu has no authority to appoint respondent number 4 (Singh) as Special Public Prosecutor," the bench also comprising justices R K Agrawal and Prafulla C Pant said, adding that it does not concur with the findings of Justice Madan B Lokur that fresh hearing on the appeal be conducted before the high court.

The bench also allowed DMK leader K Anbazhagan and Karnataka to file written submissions in the high court by Tuesday.

It said that high court can go ahead and pronounce the verdict after considering the submissions of Anbazhagan and the state in the matter.

Dealing with the legal provisions on the appointment of SPP, the bench said Singh's appointment was only meant for the trial in lower court.

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