The Supreme Courtroom on Monday stayed the felony proceedings towards Karnataka Chief Minister BS Yediyurappa ordered by the Excessive Courtroom in a land denotification case. On January 27, the apex court docket had granted safety from arrest to Yediyurappa and Minister Murugesh Nirani in reference to a case, the place they didn’t grant 26 acres of land to non-public investor M Alam Pasha in 2011. The highest court docket had then issued discover to Pasha on two separate petitions filed by Yediyurappa and Nirani.
“Problem discover. There shall be a keep of arrest within the meantime”, the court docket had mentioned.
At present, senior Advocate KV Viswanathan, representing Yediyurappa, urged a bench headed by Chief Justice S.A. Bobde, to difficulty an interim order within the case, because the trial court docket might proceed with the matter.
After a quick listening to within the matter, Bobde stayed the felony proceedings towards Yediyurappa, which had been ordered by the Excessive Courtroom.
Pasha had accused the Chief Minister, Nirani and others of allegedly forging the paperwork to determine the withdrawal of approval of 26 acres of land to him in Devanahalli Industrial Space in Bengaluru Rural in 2011.
Yediyurappa’s counsel had pointed that an earlier grievance was quashed by the Excessive Courtroom, which was restored later, and proceedings can’t be initiated towards his shopper on the identical grievance. The counsel had requested the highest court docket to remain the proceedings initiated in Bengaluru court docket. In the course of the listening to, the bench had advised the petitioner’s counsel “you’re the Chief Minister, who will difficulty a warrant towards you.”
The bench noticed that towards the chief minister, the court docket normally points a letter of request and never a warrant.
Yediyurappa had argued that Excessive Courtroom erroneously allowed the petition by the complainant below 482 CrPC and put aside the well-reasoned order handed by a particular choose in August 2016. “The Excessive Courtroom erroneously put aside the aforesaid order solely on the bottom that the petitioner had demitted the workplace which had allegedly been abused by him on the time of the fee of the alleged offence and subsequently no sanction was essential to be obtained”, mentioned the CM’s plea within the high court docket.
Yediyurappa and Nirani, now Mining Minister, moved the highest court docket difficult January 5 Excessive Courtroom order, which allowed felony proceedings towards them. The Excessive Courtroom famous that Pasha’s earlier grievance quashed for need of sanction, wouldn’t be a bar to take care of the moment grievance.
Pasha moved the Excessive Courtroom difficult the particular choose’s order of August 26, 2016. The Excessive Courtroom mentioned it was opposite to the well-established precept of legislation that sanction for prosecution of the general public servants was not mandatory after they demit the workplace or retire from service. The Excessive Courtroom restored a contemporary felony grievance filed towards them within the Bengaluru court docket.
(With IANS inputs)