Notice to Yediyurappa, son on petition questioning trial court’s order
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The High Court of Karnataka on Tuesday ordered issue of notice to former Chief Minister B.S. Yediyurappa, his son B.Y.Vijayendra, and others on a petition questioning the order of a special court declining to order an investigation against them for want of sanction for prosecution on a complaint of alleged receipt of bribe.
Justice S. Sunil Dutt Yadav passed the order on a petition filed by Abraham T.J, a social activist and president of Karnataka Anti-Graft and Environmental Forum, Bengaluru.
Sashidhar Maradi, Sanjay Sree, Virupakashappa Yamakanamardi, all relatives of Mr. Yediyurappa, former Minister S.T. Somashekar, IAS officer G.C. Prakash, hotelier K. Ravi, and contractor Chandrakanth Ramalingam are the other respondents in the petition.
The petitioner had questioned the correctness of July 8 order of the special court to exclusively deal with criminal cases related to elected MPs and MLAs in Karnataka. It was pointed out in the petition that the special court had specifically come to the conclusion that “no doubt there is some material to refer the complaint for investigation under Section 156(3) of the Code of Criminal Procedure”. However, the special court did not order a probe, only for want of sanction for prosecuting Mr. Yediyurappa.
It was contended in the petition that sanction was needed prior to taking cognisance of offence, but no sanction was required for order a probe, as per the law interpreted by the apex court.
‘Used influence’
It was also alleged in the petition that Mr. Yediyurappa “apparently has used his influence and office to get the sanction for prosecution denied through the Governor and has got the said order produced before the special court through the public prosecutor when this is a settled position of law that neither the accused nor the prosecution has any role in”.
The petitioner questioned the production of the letter from the Governor’s office rejecting sanction for prosecution before the special court. When neither the State government nor the Anti-Corruption Bureau was a party to the complaint, how were the Deputy Superintendent of Police and the public prosecutor present before the special court, which was hearing complaint against individuals, the petitioner asked.
It was alleged in the complaint that Mr. Yediyurappa had abused his office and bribes of several crores of rupees were received by his family members from the representatives of M/s. Ramalingam Construction Company Pvt. Ltd. in connection with a housing project of the Bangalore Development Authority.
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