Supreme Court stays proceedings in bribery case against former Karnataka Chief Minister BS Yediyurappa

The Supreme Court on Friday stayed proceedings before a lower court against former Karnataka Chief Minister BS Yediyurappa in connection with a bribery case [BS Yediyurappa v. TJ Abraham and ors]..A Bench of Justices DY Chandrachud and Hima Kohli also issued notice in the matter. However, the proceedings in the case against the other petitioners, including Yeddiyurappa's son, have not been stayed."Issue notice ... There shall be a stay of further proceedings in PCR No 40 of 2021, pending before the court of LXXXI Additional City Civil & Sessions Judge, Bengaluru (CCH-82) insofar as the petitioner is concerned till the next date of listing." The matter will next be heard on October 31. Four weeks were granted to the respondents to file a counter-affidavit. .The matter pertains to alleged bribes received by the accused towards a Bengaluru Development Authority project and siphoning off the the proceeds of the same through shell companies when Yeddiyurappa was in office.The Karnataka High Court had earlier this month restored a private complaint filed in this case against the former CM and his son (among others). The complaint had earlier been dismissed by a special court for want of sanction from the Governor. The original complainant had argued before the High Court that subce he had not received a response to his letters in November 2020 seeking sanction, it can be deemed to have been received. .The present appeal, filed through Advocate Kush Chaturvedi, contended that the High Court's decision renders void the protection of prior sanction being necessary in cases involving public servants. Appearing for the former CM, Senior Advocates Mukul Rohatgi and Siddhartha Dave submitted during the hearing that the order under challenge was in violation of the top court's decision in MK Aiyappa, where it was held that a magistrate cannot order an investigation under Section 156(3) of the Criminal Procedure Code without sanction. .[Read order].[Read a live account of today's hearing]