Karnataka High Court refuses to quash 2 probes in opposition to BSY

In recent setbacks to Karnataka Chief Minister B S Yediyurappa, the Karnataka High Court has refused to quash the Lokayukta FIR in a 2015 corruption case pertaining to his earlier tenure as Chief Minister and likewise allowed restoration of a 2014 personal criticism in opposition to him.
On December 22, the court docket had refused to quash one other corruption case registered in 2015 by the Lokayukta.
The court docket on Tuesday refused to intrude with a corruption case registered in opposition to Yediyurappa in 2015 on a criticism by activist Jayakumar Hiremath, accusing him of releasing land acquired by the federal government to family members of former CM H D Kumaraswamy in 2010.
Kumaraswamy can also be an accused within the case.
According to the case registered by Lokayukta police, the state authorities acquired 1.11 acres via Bangalore Development Authority (BDA) in Bengaluru to create a structure in 1976-77 after paying landowners compensation, however the land was denotified in favour of a personal social gathering in 2010 when Yediyurappa was Chief Minister.
As per the criticism, the transfer to denotify the land started in 2007 when Kumaraswamy was Chief Minister after a request was filed by one M Rajashekharaiah, who claimed to be in possession of the land. The proposal was reportedly objected to by state officers on the time. Later, when Yediyurappa turned Chief Minister, a request was made once more and denotification was executed, it’s alleged.
After denotification, the land was allegedly transferred to Vimala S, mother-in-law of Kumaraswamy, who had obtained energy of legal professional for the land. She executed a sale deed in favour of her son Dr T S Chenappa, as per the criticism.
Yediyurappa and Kumaraswamy have been accused of misusing their positions and colluding with others on the premise of faux paperwork for “unjust monetary gain” and inflicting losses to BDA.
In its order rejecting Yediyurappa’s plea to quash the FIR, a single-judge bench of Justice John Michael Cunha Tuesday stated “the allegations made in the complaint and the material produced in support thereof, in my view, prima facie disclose the ingredients of the offences alleged against the petitioner warranting a thorough investigation”.
Counsel of Yediyurappa have contended that the land was not ultimately handed over to the beneficiaries, making the case redundant.
Justice Cunha additionally imposed a advantageous of Rs 25,000 on the Chief Minister.
In the second case, the excessive court docket allowed a plea for restoration of a corruption criticism in opposition to Yediyurappa and former state industries minister Murugesh Nirani for allegedly reneging on a dedication to grant 26 acres to non-public investor Alam Pasha in 2011. The personal criticism case filed by Pasha was quashed by a periods court docket in 2016.
Pasha, MD of a agency Pash Space International Ltd, has alleged that he participated in a world traders’ meet and proposed a Rs 600-crore housing venture for which he was granted 26 acres in June 2010, however the grant was cancelled in March 2011.
A non-public criticism by Pasha in 2012 was referred to Lokayukta police and a chargesheet filed in 2013. The case was quashed after Yediyurappa approached the excessive court docket with a plea that police did not get hold of sanction for investigating the case in opposition to him.
After Yediyurappa’s stepped down as Chief Minister, Pasha filed a recent PCR, stating that no sanction is required to prosecute Yediyurappa since he was not holding public workplace. The case was, nonetheless, dismissed in 2016 on the grounds that the sooner criticism was quashed for need of a sanction to research and prosecute Yediyurappa.

Justice Cunha Tuesday dominated that quashing of an earlier criticism for need of a sanction “will not operate as a bar to maintain the instant complaint”.
Leader of the Opposition within the Assembly Siddaramaiah has known as for Yediyurappa’s resignation within the wake of the excessive court docket clearing the investigation. On Wednesday, the AAP too issued a press release, calling for Yediyurappa to step down.