SC Stays Arrest Of Karnataka CM B.S.Yediyurappa In Land Denotification Case, Issues Notice Against HC Judgement

OVERVIEW

· The Hon'ble Supreme Court admitted a Special Leave Petition (SLP) on Wednesday 27th January, filed by Karnataka Chief Minister B. S. Yediyurappa and former State Industries Minister Murugesh Nirani against the High Court's order allowing restoration of alleged illegal land de-notification case against them.

· The Bench led by Chief Justice of India, S. A. Bobde stayed the arrest of Yediyurappa, where the Karnataka High Court refused to quash the FIR against them and also imposed a cost of Rs.25,000/-.

· Yediyurappa submitted that, "..by virtue of the impugned Judgement, the Hon'ble High Court erroneously set aside the aforesaid Order only on the ground that the Petitioner had demitted the Office which had allegedly been abused by him at the time of commission of the alleged offence and therefore no sanction was necessary to be obtained. The same is contrary to the settled law laid down by this Hon'ble Court in a catena of judgements as well as the provisions of the amended PC Act."

· He also submitted that, Subsequent to the enactment of the Prevention of Corruption (Amendment) Act 2018, Section 19 thereof offer protection to a Public servant, "who is employed, or as the case may be, was at the time of commission of the alleged offence employed in connection with the affairs of a State...". Thus, it is contended that the impugned. Judgement ought to be set aside on this ground alone.

· Reference is also made to Section 197 of CrPC which mandates obtaining prior sanction for prosecution of Judges and public servants.

· Section 17A (Enquiry or Inquiry or investigation of offences related to recommendations made or decision taken by public servant in discharge of official functions or duties) of the PC Act provides that:

“No police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval— (b) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of a State, of that Government.

BACKGROUND

The case is related to the denotification of 1.11 acre of land at Gangenahalli, part of Matadahalli layout in RT Nagar in the city. The former CM H. D. Kumaraswamy and others were also accused. It was based on a complaint by a social activist Jayakumar Hiremath, Lokayuktha police registered case under sections 13(1)(c), 13(1)(d), r/w 13(2) of Prevention of Corruption Act, 1988 and sections 409, 413, 420, 120(b) r/w 34 IPC and sections 3 and 4 of of The Karnataka Land (Restriction of Transfer) Act, 1991.

On December 23,2020 the Karnataka High Court refused to quash the criminal complaint registered under the Prevention of Corruption Act, against C M B. S. Yediyurappa, who is alleged of de-notifying parcels of land and allotting it to entrepreneurs, during his tenure as the Deputy Chief Minister of the state, between February 2006 and October 2007.

CONCLUSION

Corruption is not a new issue that arose today. It has been there since Independence and offenders were also found and punished then and now. But the offenders are hosting the highest positions in the society and those who are representing the public and responsible for the welfare of them are also involved in these are the saddest face. Thus, even in the highest post, the offender should be brought to the light of law and order.

"If we cannot make India corruption-free, then the vision of making the nation develop by 2020 would remain as a dream" - DR. A. P. J. ABDUL KALAM.

WHAT DO YOU THINK ABOUT THE QUASHING OF FIR BY THE KARNATAKA HIGH COURT AND THE STAY ORDER TO THAT BY THE APEX COURT? Let us know it through comment!