Relief for Yediyurappa as SC stays arrest in corruption case
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The Supreme Court on Wednesday protected Karnataka Chief Minister B.S. Yediyurappa from arrest in a corruption case in regards to the 2011 de-notification of a housing challenge proposal for center and low earnings teams on 26 acres in Bengaluru, allegedly to make “illegal monetary gain”.
A Bench led by Chief Justice Sharad A. Bobde additional agreed to look at Mr. Yediyurappa’s problem towards a January 5, 2021 order of the Karnataka High Court restoring the corruption criticism filed towards him by a non-public investor, A. Alam Pasha, whose infrastructure improvement firm had utilized for the ₹600-crore challenge earlier than it was withdrawn.
The apex court docket didn’t keep the January 5 order of the High Court.
When senior advocate Mukul Rohatgi, for Mr. Yediyurappa, raised apprehensions about arrest, Chief Justice Bobde initially responded “you [Mr. Yediyurappa] are the Chief Minister. Who can issue a warrant against you?”
The court docket, nonetheless, ordered that “there shall be stay of arrest in the meantime”. It issued discover to Mr. Pasha.
Mr. Yediyurappa has raised the query of regulation whether or not “a court can proceed under the Prevention of Corruption Act against a public servant without prior sanction on the ground that he had allegedly demitted office which he was alleged to have abused”.
On January 5, 2021, the High Court had restored the criticism filed by Mr. Pasha on the bottom that “no sanction for prosecution under the Prevention of Corruption Act is necessary after demitting office or retirement of the public servant”. The High Court had ordered the case to be proceeded in accordance with regulation.
The desk of occasions started in April 2012 when Mr. Pasha, who’s the managing director of Pash Space International Pvt Ltd, filed a criticism with the Bengaluru Lokayukta accusing Mr. Yediyurappa, former State Industries Minister Murugesh R. Nirani and different senior officers of corruption.
He alleged {that a} challenge proposal to construct and set up “value homes for the middle and low income group”, producing employment to 500 individuals, was authorised by the Yediyurappa authorities through a notification in July, 2010. Twentysix acres on the Devanahalli Industrial Area in Bengaluru rural district had been allotted for the challenge. Mr. Pasha’s firm had utilized for the challenge.
However, the plug was pulled on the challenge in January, 2011. Mr. Pasha claimed it was accomplished with an alleged intention to divert the challenge to another agency for unlawful financial acquire.
Mr. Pasha additionally alleged {that a} letter along with his signature was cast to indicate that his firm was not in the challenge. He stated no such letter was rendered by his firm.
Further, the criticism alleged that the 26 acres had been carved out of 4,500 acres in the Hardware Park, IT Park and Aerospace on the Devanahalli Industrial Area. The authentic house owners had been ignored and ineligible claimants had been paid in the course of the acquisition.
Subsequently, the Special Judge had ordered an investigation by the Lokayukta in May, 2012. In June, 2013, the Special Judge took cognisance of the chargesheet and registered a case of corruption and issued summons to Mr. Yediyurappa and the others.
In October 2013, the High Court quashed the case for lack of earlier sanction for prosecution of public servants.
Two months later, in December 2012, Mr. Pasha had filed one other criticism on the identical allegations. This time the Special Judge dismissed the criticism for lack of prior sanction. Following this, Mr. Pasha had moved the High Court towards the dismissal to win a beneficial order on January 5 this yr.
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