High Court stays probe against CM

The Karnataka High Court on Tuesday stayed the order of the special court to the Lokayukta to probe the charges relating to corruption against chief minister B S Yeddyurappa.

Justice K N Keshavanarayana issued an interim stay based on a petition filed by Yeddyurappa’s son-in-law R N Sohan Kumar, who had challenged the Lokayukta special court judge’s order. The petitioner had contended that the Special Court designated for corruption cases had issued an “arbitrary” order to the Lokayukta.

The latest development has silenced the detractors of Yeddyurappa within the BJP. A section of the BJP legislators, led by party’s state president K S Eshwarappa, had recently launched a signature campaign seeking the replacement of Yeddyurappa in view of the corruption charges against him.

Kumar, whose application seeking a stay on the proceedings was rejected by the 23rd Additional City Civil and Session Court Judge C B Hippargi last month, had challenged the order in the High Court. Kumar submitted that the lower court had erred in taking cognisance of the offences and contended that the private complaints filed by Sirajin Bhasha and another person as “illegal, arbitrary and capricious and liable to be quashed”.

“The Special Court should have examined the petitions filed by the complainants properly. The complainants have misrepresented facts and misused the permission given by the state governor to prosecute the chief minister,” B V Acharya, counsel for the petitioner, told the court.

According to him, the governor had permitted the two complainants (advocate Sirajin Basha and K N Balraj) to prosecute Yeddyurappa in connection with three specific cases. However, the advocates filed five separate complaints relating to 15 offences allegedly committed by CM.

The complainants had named the petitioner Sohan Kumar as one of the accused in the land fraud allegedly committed by Yeddyurappa. The petitioner said he was dragged into the issue though the governor’s permission was restricted to Yeddyurappa. The judge, who heard the petitioner, granted an interim stay on the order issued by the Special Court. With this, the Lok Ayukta will not be able to continue its inquiry.

On March 24, the Lokayukta Special Court had ordered an investigation into one of the complaints by the Lokayukta police and submit its report by May 4. The development came just a day after the Lokayukta lamented that it cannot file an FIR against Yeddyurappa as the order from the Special Court lacked clarity. According to Lokayukta officials, the delay in inquiry could prolong the case.

The two advocates, however, pointed out that the Special Court was yet to examine the petitions relating to 12 other offences allegedly committed by Yeddyurappa.