The Karnataka High Court on Tuesday directed the Special Lokayukta Court in Shimoga to consider afresh four private complaints filed against the former Chief Minister B.S. Yeddyurappa, the former Deputy Chief Minister K.S. Eshwarappa, two retired IAS officers, and several others.
Justice Anand Byrareddy passed the order while setting aside the February 20, 2014 order of the Special Court dismissing the private complaints filed by Vinod B., a Shimoga-based advocate. The Special Court had dismissed the complaints due to the absence of prior sanction under Section 197 of the Code of Criminal Procedure for their prosecution.
The High Court said the question of granting prior sanction under Section 197 of the Cr.PC does not arise if the complainant prima facie could demonstrate that the acts, alleged against the public servants, were not part of discharging of their public duty but were committed using their status of being public servants.
The High Court restored the complaints and asked the Special Court to examine whether the alleged acts fall under official discharge of duties.
With this order, two private complaints against Mr. Yeddyurappa get reopened for examination by the Special Court. One relates to acquiring of land allegedly in violation of the Karnataka Land Reforms Act in ‘benami’ by misusing official position with the help of his son B.Y. Raghavendra. Another complaint pertains to alleged allotment of sites from Karnataka Housing Board through his daughter S.Y. Arunadevi and then KHB Commissioner and retired IAS officer M.B. Dyaberi.
A complaint against Mr. Eshwarappa, his son K.E. Kanthesh and daughter-in-law R. Shalini on amassing disproportionate assets, and another complaint against retired IAS officer and the then Principal Secretary of Forests Meera C. Saxena, and the then Secretary of Department of Forests Nagaraj Hamople for alleged misuse of powers in violation of the Forest Conservation Act, 1980, were also reopened.
