Karnataka HC declines to quash land denotification case against CM BS Yediyurappa

BENGALURU: In a major setback to Chief Minister BS Yediyurappa, the Karnataka High Court on Tuesday dismissed his petition seeking to quash the criminal proceedings pending against him under Prevention of Corruption of Act.

The case relates to Yediyurappa allegedly illegally denotifying several acres of land, acquired for an IT project, in the Varthur-Whitefiled IT corridor when he was Deputy Chief Minister during 2006-07. 

Dismissing the petition, Justice John Michael Cunha directed the Lokayukta court to monitor the investigation ordered by the courts in respect of the misconduct of public servants and MPs and MLAs involved in the commission of criminal offences. However, the judge deprecated the laxity of the Lokayukta police in conducting the probe, holding them responsible for intentional and deliberate delay in probe.

“Though, at this juncture, it cannot be said that Lokayukta police succumbed to pressure from Yediyurappa, who has been holding the position of Chief Minister, yet, being an independent and impartial body entrusted with the duty to investigate into the misconduct of public servants objectively, they cannot give rise to an impression in the minds of the general public that it is playing into the hands of the political bigwigs”, the judge said. 

The counsel for Yediyurappa argued that the High Court, on October 9, 2015, had quashed the very same FIR against former Industries minister and Congress leader R V Deshpande. Therefore, investigation against Yediyurappa based on same FIR is illegal and amounts to abuse of process of court, he argued. However, the court turned down this contention.

The Lokayukta police had taken up investigation in to the case registered on February 21, 2015 under the Prevention of Corruption Act, following an order passed by the Lokayukta Court based on a private complaint filed by Vasudeva Reddy, a resident of Bellandur in the city.