The Supreme Court on Tuesday stayed the trial proceedings against former Chief Minister BS Yediyurappa in a case filed against him under the Protection of Children from Sexual Offences (POCSO) Act, 2012 [BS Yediyurappa v. State of Karnataka]. .The Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi passed the order after hearing Yediyurappa's petition challenging the Karnataka High Court's refusal to quash the case.The Court issued notice to the State government on Yediyurappa's plea and observed that it was doing so only to remand the case to High Court."Issue notice. Meanwhile trial proceedings shall remain stayed," the Court ordered..Senior Advocate Sidharth Luthra, appearing for Yediyurappa, earlier argued that the High Court had ignored key evidence."There are certain statements which prosecution suppresses. High Court has ignored facts that there are people present saying nothing as such happened. He has been four times Chief Minister," the senior counsel said.However, CJI Kant said,"How can you compel High Court to hold a mini trial?".The criminal case against Yediyurappa was registered on the allegations made by a woman that he molested her 17-year-old daughter, who had accompanied her on a visit to the senior BJP leader's residence to seek some help.The girl’s mother, now deceased, lodged a police complaint on March 14, 2024, accusing Yediyurappa of having sexually harassed the girl. She also said in her complaint that the former Chief Minister had tried to hush up the issue by offering her money.Based on this complaint, the police registered a First Information Report (FIR) under Section 8 of the POCSO Act and Section 354(A) of the Indian Penal Code (IPC) on charges of sexual harassment of a minor..On July 4, 2024, a trial court passed a common cognizance order to take judicial notice of the case registered against Yediyurappa as well as three others accused of offences under Sections 204 (destruction of document to prevent its production as evidence), 214 (offering gifts, property to anyone to shield someone from legal punishment) read with Section 37 (co-operation by doing one of several acts constituting an offence) of the IPC.This was challenged by Yediyurappa before the Karnataka High Court, which quashed the trial court's July 2024 cognisance order on the ground that it was cryptic and passed without any application of mind. The trial court was directed to decide on the aspect of cognisance again..On February 28, Additional City Civil and Sessions Judge (First Track Special Court) Judge NM Ramesh passed a fresh cognisance order and directed Yediyurappa and others accused to appear before the court on March 15.Yediyurappa then approached the High Court to quash both the complaint and the cognizance order, arguing that the allegations were politically motivated and inconsistent.The High Court last month denied relief to the former CM, prompting him to file the present plea before Supreme Court..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
