Neither law nor interpretations of the Prevention of Corruption (PC) Act, 1988, by the Supreme Court have imposed any bar on courts from staying investigation in corruption cases, it was contended before the High Court of Karnataka on behalf of former Chief Minister B.S. Yeddyurappa.
The court, on Tuesday, heard the petitions filed by Mr. Yeddyurappa questioning registration of two cases against him for alleged corruption in exclusion of around 207 acres of land notified for acquisition.
Senior Counsel C.V. Nagesh, appearing for Mr. Yeddyurappa, contended that Section 19(3) (c) of the Act “only bars courts from staying proceedings initiated under the PC Act” and proceedings under the Act commence only after designated courts either take cognisance of an offence in warrant cases or frame charges after submission of charge sheet by the investigating agency. He also pointed out that the investigation of corruption cases is conducted as per the procedure under the Code of Criminal Procedure (Cr.PC) like in any other criminal cases as the PC Act does not prescribe any procedure for investigation.
Since the “process of investigation” does not fall under the ambit of the PC Act, Mr. Nagesh contended that courts are not barred from staying investigation, which is covered under the Cr.PC and not the PC Act.
Citing verdicts of the Supreme Court that ordered expediting of trials in corruption cases, Mr. Nagesh said that the apex court had repeatedly reiterated the bar imposed on courts from staying the trials of corruption cases and has not restrained any court from staying the investigation.