HC stays lower court order on Yeddyurappa, family

Karnataka HC on Tuesday 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.

Last Updated: Mar 29, 2011, 16:10 PM IST

Bangalore: In a relief to Chief Minister B S
Yeddyurappa who has been facing allegations of corruption,
Karnataka High Court on Tuesday 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.

PTI