Bribery case: Karnataka High Court issues notice in plea for probe against Justice BS Indrakala

The Karnataka High Court has sought the response of the police department in a plea seeking an investigation against former judge Justice BS Indrakala for allegedly paying bribes to be appointed as Governor [Amruthesh NP v. Inspector of Police]..Justice Krishna S Dixit issued notice in the matter last week. "Office objections are over ruled. Learned AGA is requested to accept notice to respondent Nos. 1, 2 & 3 (Police). Issue emergent notice to respondent No.4 (Justice Indrakala)".The petition stated that upon receiving written information from former Justice Indrakala, for the offences under Sections 109 [Punishment of Abetment], 34 [Common Intention] and 420 [Cheating] of the Indian Penal Code, 1860, a First Information report (FIR) was registered by the police. In the said FIR, two persons, namely Yuvaraj and Papaiah, were arraigned as accused nos.1 and 2 respectively. .The allegations made by the former High Court Judge were that she had paid sums of ₹3.7 crore and ₹4.5 crore on two different occasions to Yuvaraj, who had promised her a prestigious post in the Central government. She had deposited the said sums of money in pursuance of the promise made, which fact was vouched by Papaiah.However, it was the former judge's claim that Yuvraj did not secure her a post as promised nor did he return the money that was paid to him for securing the said post. .The petitioner, Advocate NP Amrutesh, on December 21 last year, addressed a representation to the police department wherein he narrated the involvement of the former judge and the allegations made in her written information. Thereafter, another representation was served to the Assistant Commissioner of Police, to whom the investigation of the said matter was stated to have been transferred. The Assistant Commissioner then informed Amrutesh that the matter had been transferred back to the Inspector of Police at Bangalore's Wilson Garden Police Station..In the meanwhile, the petition states that the Yuvaraj had approached the High Court seeking bail, which was dismissed. .In the said order, the Court had opined, "It is also most unfortunate that a former Judge of the High Court has paid bribe to the petitioner for securing the post of Governor which act of the complainant not only lowered the prestige of a judge and also affect the image of Governor’s post.”.The petitioner further claims that he has made out sufficient grounds for registration of an FIR against the former judge for a cognizable offence and consequent investigation into the various allegations. Owing to the inaction of the police department, the petitioner moved the High Court. ."The inaction on the part of Respondent Nos.1 to 3 in not taking action against the Respondent No.4 based on the representations of petitioner at Annexures-B, C & E, is arbitrary and illegal. The said respondents have deliberately avoided to take action on the same, in spite of the fact that they are duty-bound to do so.".He has prayed for action to be taken on his representations, as well as a direction to initiate action against Justice Indrakala and to conduct a probe into her involvement in the case.