This story is from November 25, 2015

Relief for BSY as HC quashes prosecution order

The Karnataka high court on Tuesday quashed the January 21, 2011 order issued by then governor HR Bhardwaj according sanction to prosecute former chief minister BS Yeddyurappa in connection with denotification of land acquired for the Bangalore Development Authority.
Relief for BSY as HC quashes prosecution order
BENGALURU: The Karnataka high court on Tuesday quashed the January 21, 2011 order issued by then governor HR Bhardwaj according sanction to prosecute former chief minister BS Yeddyurappa in connection with denotification of land acquired for the Bangalore Development Authority.
Partly allowing a petition filed Yeddyurappa, a division bench comprising acting Chief Justice Subhro Kamal Mukherjee and Justice Vineet Saran referred the matter to the governor for reconsideration.

“We are not concerned about the decision, but (about) the decision-making process. The governor has quoted the complaint in detail in his order, but there is no explanation as to why he has accorded sanction in favour of prosecution when the cabinet has already appointed on December 22, 2010, Justice B Padmaraj Commission to look into irregularities in land denotification,” the bench noted.
The court said as the complaint was a private one, “great caution and proper application of mind was necessary, particularly (on) the uneasy relationship between then chief minister and governor. If a crime was registered, followed by investigation for collection of evidence, the governor could have in the hand the materials for application of mind. The investigation agencies could have also recorded the statement of the accused, as the allegation was acquisition of assets disproportionate to the known sources of income. The caution ought to have been exercised is absent in this case,” it observed.
In his petition, Yeddyurapa had claimed that the governor had mechanically accorded sanction based on allegations in the complaint without any probe or asking explanation from him. There is no allegation of demand or request for receiving something and no material showing that denotification was done to benefit him, the BJP leader had said.
THE CASE SO FAR
*On January 21, 2011, the then governor HR Bhardwaj had accorded sanction to applications filed by advocates Sirajin Basha and KN Balraj for prosecuting BS Yeddyurappa under section 405 of IPC and also section 13(1)(d) and 13(1)(e) of the Prevention of Corruption Act, 1988.
*Based on the order, Sirajin Basha filed five sets of complaints pertaining to a total 15 instances of denotification of BDA lands before the designated Lokayukta court. Proceedings in these cases are pending.
‘BJP’s stand vindicated’
The BJP on Tuesday welcomed the court verdict. “We always beleieved that the sanction to prosecute BS Yeddyurappa was politically motivated by the then governor. Our stand has now been vindicated,” said Prakash, party spokesperson.
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