'Pay-off' case: BSY, Ananth Kumar seek cancellation of court order

BJP state president B S Yeddyurappa and Union Minister H N Ananth Kumar have moved a court seeking cancellation of its order directing them to give their voice samples in a purported “pay-off” case.

They filed the petition before the ACMM-I court seeking cancellation of its May 6 order. Higher Education Minister Basavaraj Rayareddy, Health Minister Ramesh Kumar, Water Resources Minister M B Patil and MLC V S Ugrappa had released a CD in the third week of February reportedly containing voices of  Yeddyurappa and Ananth Kumar. The two leaders were reportedly claiming that they had paid money to their party high command in Delhi.

The BJP lodged a complaint with the cyber crime police station on February 18, seeking action against the leaders for releasing the “fabricated CD” tarnishing the BJP’s image.

The police registered a case under Sections 43 (damage to computer, computer system, etc) and 66 (sending offensive messages through communication services) of the Information Technology Act-2000 and IPC Sections 120 (a) and 120 (b) (criminal conspiracy) and 124 (a) (sedition) and directed the two leaders to give their voice samples for a test. However, the leaders did not comply with the directions. Hence, the police sought the court’s directions to the two for the voice samples.

Swamini Ganesh, the advocate for the two, in the petition claimed that the police had no powers to file an application before the magistrate seeking directions against any person for the voice sample under the CrPC.

“The complaint is about the fabricated CD. The police did not investigate the BJP’s complaint. Instead, they directed the duo to give their voice samples. The police have exceeded their limits of investigation,” Ganesh contended. Ganesh pointed out that the court lacked powers to direct a person to give voice samples and requested the cancellation of its order.