By Express News Service
NEW DELHI: Chief Justice of India UU Lalit on Friday recused himself from contemplating a plea filed by former Karnataka CM BS Yediyurappa and minister Murugesh Nirani towards a Karnataka High Court order of restoring a felony case associated to denotifying parcels of land throughout his tenure as deputy CM and allotting them to entrepreneurs.
When the matter was taken up for listening to, the CJI mentioned, “I have some difficulty; I can’t take up this matter. I’m saying this should be before a bench of which I am not a member.” Accordingly, the CJI directed the matter to be listed earlier than an applicable bench after Diwali.
Yediyurappa had challenged the Karnataka HC’s January 5, 2021, order rejecting his plea to quash a felony grievance filed by A Alam Pasha, alleging that the chief had illegally denotified 20 acres from land acquisition proceedings to unduly favour non-public events. The HC had directed the Special Court to take cognisance and proceed as per regulation on the premise of the chargesheet filed by the Lokayukta police in 2012.
“That being the position of law, the quashing of the earlier complaint filed by the petitioner in PCR.No.25/2012 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 of the CrPC does not get attracted to the facts of the case as the respondents have not been prosecuted or acquitted based on the earlier complaint lodged against them in PCR.No.25/2012,” Justice John Michael D’Cunha had mentioned in his order.
In 2021, a bench headed by the then CJI had refused to remain the HC’s order however had granted them interim safety from arrest. Former CJI SA Bobde, whereas listening to the petition, had mentioned, “You are a sitting chief minister. Who will issue a warrant against you? At most, they can issue a request for you.”
Questioning the HC’s energy of continuing to take motion underneath the Prevention of Corruption Act towards a public servant with out prior sanction, Yediyurappa in his plea had mentioned, “Intention of the Parliament to offer protection to a Public Servant is also evident from the insertion of Section 17A in the PC Act.”
NEW DELHI: Chief Justice of India UU Lalit on Friday recused himself from contemplating a plea filed by former Karnataka CM BS Yediyurappa and minister Murugesh Nirani towards a Karnataka High Court order of restoring a felony case associated to denotifying parcels of land throughout his tenure as deputy CM and allotting them to entrepreneurs.
When the matter was taken up for listening to, the CJI mentioned, “I have some difficulty; I can’t take up this matter. I’m saying this should be before a bench of which I am not a member.” Accordingly, the CJI directed the matter to be listed earlier than an applicable bench after Diwali.
Yediyurappa had challenged the Karnataka HC’s January 5, 2021, order rejecting his plea to quash a felony grievance filed by A Alam Pasha, alleging that the chief had illegally denotified 20 acres from land acquisition proceedings to unduly favour non-public events. The HC had directed the Special Court to take cognisance and proceed as per regulation on the premise of the chargesheet filed by the Lokayukta police in 2012.
“That being the position of law, the quashing of the earlier complaint filed by the petitioner in PCR.No.25/2012 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 of the CrPC does not get attracted to the facts of the case as the respondents have not been prosecuted or acquitted based on the earlier complaint lodged against them in PCR.No.25/2012,” Justice John Michael D’Cunha had mentioned in his order.
In 2021, a bench headed by the then CJI had refused to remain the HC’s order however had granted them interim safety from arrest. Former CJI SA Bobde, whereas listening to the petition, had mentioned, “You are a sitting chief minister. Who will issue a warrant against you? At most, they can issue a request for you.”
Questioning the HC’s energy of continuing to take motion underneath the Prevention of Corruption Act towards a public servant with out prior sanction, Yediyurappa in his plea had mentioned, “Intention of the Parliament to offer protection to a Public Servant is also evident from the insertion of Section 17A in the PC Act.”
