Court declines to stay proceedings against BSY

PTI

Bangalore, 26 February 2011: A local court today dismissed an application seeking a stay on the proceedings against Karnataka Chief Minister B S Yeddyurappa and his family members over alleged corruption and nepotism in land dealings.

 

The court also rejected Yeddyurappa’s son-in-law Sohan Kumar’s another application to include former chief minister and JD-S chief H D Kumaraswamy as an accused in the case filed on private complaints by two advocates.

 

Rejecting the two applications, Additional City Civil and Session Court Judge C B Hippargi posted the matter to Feb 28 for recording of evidence.

 

Kumar in his application had sought a stay on the proceedings on the ground that the matter was already being investigated by the Lokayukta.

 

Armed with the Governor’s sanction for prosecution of the chief minister, Sirajin Basha and K N Balaraj had filed five private complaints against Yeddyurappa, his sons B Y Vijendra and B Y Raghavendra, MP, Sohan Kumar and others regarding alleged nepotism and corruption in land denotification.

 

Earlier, counsel for the complainants objected to Kumar’s applications contending that he had no locus standi to seek such a relief at the "pre-processing stage and pre-cognisance of the matter".

 

The counsel argued that such an application could not be moved as the court had not issued any summons to those named in the complaint and hence they had no right of audience. The applications were frivolous and intended to delay the legal proceedings.

 

The judge refused to hear any arguments made by Kumar’s counsel today.

 

Hailing the court’s decision as a positive one, advocate Anup Chowdary on behalf of the complainants told reporters that it meant the "court had taken cognisance" of the private complaint and that the judicial process in the matter had now begun.

 

"Law will take its course," he said."The court would record the evidence and based on the examination of documents, evidence and witness statement decide whether summons should be issued to the ’proposed accused’ or not," Chowdary said.