High Court stops Lokayukta probe into BSY and family

PTI

Bangalore, 29 March 2011: In a relief to Chief Minister B S Yeddyurappa who has been facing allegations of corruption, Karnataka High Court today stayed the order of a lower court which had taken cognisance of the offences against Yeddyurappa and his family members in one of the five complaints filed against them under Prevention of Corruption Act.

 

With Justice K N Keshavanarayana granting interim stay on a criminal petition filed by Yeddyurappa’s son-in-law, Sohan Kumar challenging the lower court order, further proceedings on the first complaint, including the Lokyukta probe ordered by it, comes to a halt.

 

The court also ordered issue of notice to the respondent, Sirajin Basha, an advocate, who is the main complainant.

 

Arguing on behalf of Sohan Kumar, senior Counsel B V Acharya said "on the face of it, in law, taking cognisance of the complaint itself is blatantly illegal and will have serious repercussions on all the accused".

 

He submitted that the Trial Judge (C B Hipparagi) had "erred in taking cognisance of the offences for which no sanction was accorded by the Governor".

 

Acharya said while the Governor had accorded sanction to prosecute for offences committed under IPC section 405 (criminal breach of trust) and under provisions of  Prevention of Corruption Act,the Special Judge "without referring to the sanction order, proceeded to pass orders taking cognisance of all offences mentioned in the private complaint".

 

"The learned judge has passed a common order....the proposed complaint presented to the Governor is only one while complaints presented to the (Sessions) court are five", he submitted.

 

Speaking to reporters outside the court, senior Counsel Ravi B Naik, who also represented Sohan Kumar, said "the Governor accorded sanction without any investigation....the allegation of misappropriation that was there in the complaint before the lower court, was not there in the complaint filed before the Governor".

 

On March 24, the 23rd Additional Civil and Sessions Judge C B Hipparagi postponed prosecution in the complaint and ordered Lokayukta police to probe the matter and submit the final report of the inquiry by May 4.

 

The complaints against Yeddyurappa and others relate to alleged irregularities in denotification of land.