In a huge relief to Bharatiya Janata Party national vice-president and former Chief Minister B.S. Yeddyurappa, the High Court of Karnataka on Tuesday quashed 15 first information reports (FIRs) registered against him based on a report of the Comptroller and Auditor General of India (CAG), which had found fault with denotification of land acquired by the Bangalore Development Authority (BDA).
Justice Rathnakala passed the order while allowing 15 petitions filed by Mr. Yeddyurappa.
“The CAG report cannot be used against Mr. Yeddyurappa,” the judge said, pointing out that all the other “contentions were kept open”.
It was the submissions made on behalf of the CAG that came to the rescue of Mr. Yeddyurappa in these cases as the CAG had pointed out that as per the law, it is the exclusive prerogative of the Parliament or State legislatures to deliberate on its reports through the Public Accounts Committee (PAC).
The CAG had also told the court that the Supreme Court and a few other HCs have already held that the courts cannot issue directions based on CAG findings as its reports were always subject to parliamentary/legislature debates and it is possible that the PAC can accept the ministries/departments objection to the findings in the reports or reject the reports.
However, the CAG had made it clear to the court that it was not taking the side of the petitioner [Mr. Yeddyurappa] or any other individual, but was only pointing out legal aspect on its role as interpreted by the courts.
Mr. Yeddyurappa, in his petition, had contended that the CAG report can’t be basis for FIRs as the report is the property of the State legislature. Action against Mr. Yeddyurappa began when social activist Jayakumar Hiremath filed a complaint with the Lokayukta in 2014 seeking a probe into land denotification based on the CAG report, which had analysed denotification of BDA’s lands between 2007 and 2012 based on the directions of the then Chief Ministers.
