Relief for BSY as HC stays ACB probe

The Karnataka High Court on Friday stayed the ACB investigation into two FIRs filed against former chief minister B S Yeddyurappa.

The ACB had filed two FIRs in connection with denotification of 257 acres of land for forming Dr Shivaram Karanth Layout in Bengaluru North.

Justice Aravind Kumar granted the interim prayer sought by Yeddyurappa, negating the contentions put forth by the ACB.

The first FIR pertains to land acquired in Avalahalli while the second is with regard to land acquired in Somashettihalli.

Citing lack of materials to prove the case against Yeddyurappa, the judge said the scheme to form the layout had lapsed as there was a delay of over 6 years and no final notification was issued.

Despite Yeddyurappa, the then chief minister, acting upon the request of the landowners to drop their property from being acquired, the Bangalore Development Authority had not followed his instructions and instead had pursued to acquire the land.

“The allegation that Yeddyurappa caused loss to the public exchequer prima facie looks to be a myth and conspicuously absent.” the court said.

The judge said that allowing the ACB to investigate the case without concrete evidence would be prejudiced against the petitioner’s rights. Hence the interim prayer to stay the investigation is granted, the court said.

SC verdict

Citing several Supreme Court judgements, Justice Kumar divided the case into four points based on the ACB’s contentions, including maintainability of the criminal case under the writ, maintainability of the second FIR, whether high court can grant stay on the proceedings and delay in filing FIR.

The judge, while upholding the criminal case under the writ jurisdiction, said that the second FIR cannot be upheld.

He also said that the high court can grant a stay as Section 19(3)(c) of the Prevention of Corruption (PCR) Act, 1988, comes into effect only after the investigation is completed and after the trial court takes cognizance.

On the delay in filing FIR, Justice Kumar said that it be accepted only in rarest of the rare cases where reasoning is given. The ACB, however, has not given any reasons for the delay in filing the FIR, the judge said.