Supreme Court stays Karnataka High Court order refusing to quash criminal proceedings in corruption case against BS Yediyurappa

The Supreme Court on Friday stayed a 2020 Karnataka High Court order refusing to quash proceedings under the Prevention of Corruption Act against Karnataka's former Chief Minister BS Yediyurappa [BS Yeddiyurappa v State of Karnataka]..A bench comprising Chief Justice of India (CJI) NV Ramana, Justices Krishna Murari and Hima Kohli also issued notice in the case where the former Karnataka CM and Bharatiya Janata Party leader was accused of illegally de-notifying several acres of land in Bengaluru in 2006-2007 while he was serving as the State's Deputy Chief Minister.The top court had last year stayed the probe initiated in the same matter..The petition filed through advocate Kush Chaturvedi before the apex court pointed out that the High Court had already quashed the first information report in the same case against another accused in October 2015.Thus, renewing proceedings in the same issue was illegal and an abuse of process of the court. The plea further contended that the single-judge had failed to consider that the denotification, which was the subject matter of the proceedings, was not found unlawful, or done in an illegal exercise of powers, by any court of law.Moreover, no proper sanction was sought or granted towards proceeding against the petitioner, the plea contended. .The Karnataka High Court had, on December 22 2020, had refused to quash the proceedings while stating that the delay by the police in going about the probe seemed deliberate, and deprecated the laxity in the investigation. The High Court had, while making its order emphasised that the State could not give an impression that it was playing into the hands of political bigwigs..The original complaint in the matter, filed by one Vasudeva Reddy, was registered by the Karnataka Lokayukta in December 2015..Arising out the same complaint, a Special MP/MLAs Court in Bengaluru had in March this year ordered that a case for criminal misconduct be registered against Yediyurappa.Special Judge B Jayantha Kumar said that the complainant had made out a prima face case against the former Chief Minister..The complaint alleged that while he was the Deputy Chief Minister, BS Yediyurappa illegally de-notified certain lands which had been acquired for an Information Technology corridor, between Whitefield and Electronic City in Bengaluru for illegal gain under a Government Notification in 2006.These lands were de-notified without any public interest or public purpose, through an abuse of public office by illegally transferring government property to private persons, it was contended..In 2001, a notification was issued under the Karnataka Industrial Area Development Act (KIAD Act) with respect to 434 acres of land spread over four area of Bengaluru - Bellandur, Devarabeesanahalli, Kariyammana Agrahara and Amanibellandur Khane, to establish an infrastructure corridor to serve the city of Bengaluru and State of Karnataka..It was alleged that Yediyurappa ordered and secured de-notification of 15 lands in favour of private persons through abuse of his office. Public documents to prove the case of alleged corruption were also submitted.On the basis of the complaint and the material placed before the court, it cannot be said that the de-notification of the land was done in the exercise of lawful powers, the Court had observed..Noting that there was sufficient material to proceed against the accused, the Court had ordered that a special criminal case be registered against Yediyurappa for the offence of criminal misconduct by a public servant and issued a summons for his attendance before the court.

Supreme Court stays Karnataka High Court order refusing to quash criminal proceedings in corruption case against BS Yediyurappa

Debayan Roy

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