Special Court orders further investigation against Karnataka Chief Minister BS Yediyurappa in corruption case

A Special Judge in Karnataka dealing with criminal cases against legislators directed for further investigation to be conducted into a corruption case registered against State Chief Minister BS Yediyurappa (Vasudeva Reddy v. BS Yediyurappa)..While doing so, Judge Shridhar Gopalakrishna Bhat rejected the ‘B’ final report filed by the Investigation Officer (IO) that gave Yediyurappa a clean chit in the corruption case against him for de-notifying certain lands without considering public interest between 2006-07..The Court directed the Deputy Superintendent of Police to further investigate the matter with reference to this order and expeditiously file a final report..It was observed that the IO did not conduct the inquiry properly to thrash out the underlying truth and that the investigation so carried out by the IO "appears to be ineffective, incomplete, defective and does not inspire the confidence of this Court.".A private complaint was filed against the Yediyurappa alleging that while he was Deputy Chief Minister of the State, he illegally de-notified certain lands acquired for Information Technology Corridor in Bengaluru for illegal gain..The Karnataka High Court had previously directed that the allegations be investigated by the Lok Ayukta Police. After investigation, the IO stated vide ‘B’ Final Report that no offences appear to have been committed under the Prevention of Corruption Act, 1988. This report was under challenge in the instant case..On studying the report, the Court found that the investigation appears to have gone beyond the scope of the current issue.“It is clear that many unconnected and irrelevant matters were taken into consideration by the I.O. for investigation. Further, the voluminous documents collected by the I.O. are also found to be unconnected and irrelevant,” the order stated..The Court also observed that the Additional Director General of the Lok Ayukta Police did not properly consider the report before submitting the same. It further stated in its order,"The material so collected as stated supra demonstrates that how the I.O. has ignored the material facts during investigation and exhibited his casual approach in the matter of investigation. The entire investigation made by the I.O. is in perfunctory manner and against the approach of the prudent person.".According to the Court, the IO ought to have investigated the following aspects:a). Whether Yediyurappa had abused his official position as a public servant in the matter of denotifying the acquired land? b). Whether Yediyurappa had obtained for himself or for any other person any valuable thing or pecuniary advantage by corrupt or illegal means by denotifying certain lands? c). Whether the Notification dated 21.06.2006 was for any public interest or not?.The Court also relied on a number of judgments to state that just because the IO has filed a ‘B’ final report, the same need not be accepted. It was further noted that as provided under Section 173(8) of the Code of Criminal Procedure (CrPC), even after completion of investigation under Section 173(2), the IO is authorised to conduct further investigation..After an overall appreciation of facts of the case, the judge found that the ‘B’ final report does not merit acceptance. He thus took the view that further investigation was necessary to unearth the truth and advance the cause of justice..The final report in the case is required to be submitted by August 21..[Read Order Here].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.