Land scam: SC protects Karnataka CM BS Yediyurappa from arrest, no trial court relief | Bengaluru News – Times of India
“You are the chief minister. Who can issue an arrest warrant against you? At the most, the trial court can issue a request letter asking you to appear before it,” a bench led by CJI SA Bobde said when Yediyurappa’s counsel Mukul Rohatgi and KV Vishwanathan apprehended that the trial court would send an arrest warrant after taking cognizance of the complaint.
The bench issued notice to complainant A Alam Pasha on Yediyurappa’s petition and said, “There shall be a stay of arrest in the meantime.” Co-accused and former industry minister Murugesh R Nirani, through counsel Sajan Poovayya, too, pleaded for stay of proceedings and sought protection from arrest. The bench stayed arrest, but said, “You are more powerful than the CM.”
Yediyurappa and Nirani had filed petitions challenging a Karnataka high court’s January 8 order allowing restoration of a complaint filed by Alam, head of Pash Space International, who alleged that the duo had reneged on their 2010 promise to grant 26 acres of land at Devanahalli Industrial area in Bengaluru for a Rs 600-crore housing project. The land grant was cancelled in March 2011.
Plaint to Lokayukta led to filing of chargesheet
Pasha’s complaint to the Lokayukta had led to filing of a chargesheet, which was quashed by the HC on the ground that the police had failed to obtain sanction for prosecution of Yediyurappa. After Yediyurappa ceased to be the CM, a fresh complaint was filed by Pasha saying since the accused is no longer a public servant, no sanction was required. However, the trial court in 2016 rejected it saying an earlier complaint was earlier dismissed.
Setting aside the trial court’s order refusing to look into the complaint, Justice Michael Cunha of Karnataka HC had, on January 8, said, “The quashing of the earlier complaint filed by the petitioner in 2012 for want of sanction, in my view, will not operate as a bar to maintain the instant complaint.”
“The prohibition contained in Article 20(2) of the Constitution of India and Section 300 CrPC does not get attracted to the facts of the case as the respondents (Yediyurappa and Nirani) have not been prosecuted or acquitted based on the earlier complaint lodged against them in 2012. In that view of the matter, I do not find any impediment for the trial court to proceed with the instant complaint as per law,” the HC had said.