Mining issue: SC for BSY's response before ordering CBI probe

A forest bench headed by Chief Justice S H Kapadia asked the BJP leader's counsel to place before it the material along with a note to counter the documents supplied by the Central Empowered Committee which "prima facie made out the case for investigation" against him and his kith and kin for alleged "irregularities" and "illegalities" in the mining activities.

The Bench, also comprising justices Aftab Alam and Swatanter Kumar said, it will pass an order whether CBI probe was required or not after going through the documents and notes.

The April 20 report prepared by the CEC in pursuance of the apex court's February 10 order, said there was a scope for expanding the CBI probe against Yeddyurappa and annexed the documents to support its findings.

"Prima facie, we are satisfied that the documents (annexed) by CEC made out a case for investigation by CBI," the bench said.

However, Yeddyurappa's counsel and senior advocate V Giri said merely on the basis of the report of the CEC, the probe cannot be handed over to the CBI as the Lokayukta police was seized of the matter and the former chief minister had got a relief from the Karnataka High Court against which an appeal is pending before the apex court.

The CEC recommendation for CBI probe was also opposed by JSW Steel Ltd whose counsel C S Vaidyanathan said when the matter was pending with state law enforcing agencies.

He said the probe can only be handed to the CBI if the court was satisfied that the state agencies were not carrying out its investigation properly and abdicating its responsibilities. (More)