The Supreme Court on Monday stayed the criminal proceedings against Karnataka Chief Minister BS Yediyurappa ordered by the High Court in a land denotification case. On January 27, the apex courtroom had granted safety from arrest to Yediyurappa and Minister Murugesh Nirani in reference to a case, the place they did not grant 26 acres of land to personal investor M Alam Pasha in 2011. The high courtroom had then issued discover to Pasha on two separate petitions filed by Yediyurappa and Nirani.
“Issue notice. There shall be a stay of arrest in the meantime”, the courtroom had mentioned.
Today, senior Advocate KV Viswanathan, representing Yediyurappa, urged a bench headed by Chief Justice S.A. Bobde, to difficulty an interim order in the case, as the trial courtroom could proceed with the matter.
After a quick listening to in the matter, Bobde stayed the criminal proceedings against Yediyurappa, which had been ordered by the High Court.
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 Area in Bengaluru Rural in 2011.
Yediyurappa’s counsel had pointed that an earlier grievance was quashed by the High Court, which was restored later, and proceedings can’t be initiated against his consumer on the identical grievance. The counsel had requested the highest courtroom to remain the proceedings initiated in Bengaluru courtroom. During the listening to, the bench had informed the petitioner’s counsel “you are the Chief Minister, who will issue a warrant against you.”
The bench noticed that against the chief minister, the courtroom often points a letter of request and never a warrant.
Yediyurappa had argued that High Court erroneously allowed the petition by the complainant underneath 482 CrPC and put aside the well-reasoned order handed by a particular choose in August 2016. “The 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 the commission of the alleged offence and therefore no sanction was necessary to be obtained”, mentioned the CM’s plea in the highest courtroom.
Yediyurappa and Nirani, now Mining Minister, moved the highest courtroom difficult January 5 High Court order, which allowed criminal proceedings against them. The High Court 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 High Court difficult the particular choose’s order of August 26, 2016. The High Court mentioned it was opposite to the well-established precept of regulation that sanction for prosecution of the general public servants was not crucial after they demit the workplace or retire from service. The High Court restored a recent criminal grievance filed against them in the Bengaluru courtroom.
(With IANS inputs)
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