Bangalore, Aug 29 (IANS) The Karnataka High Court Monday dismissed as withdrawn a writ petition filed by former state chief minister B.S. Yeddyurappa seeking quashing of a specific chapter of the state Lokayukta (ombudsman) report, in which he was indicted in the multi-crore-rupee mining scam.
On a submission made by Yeddyurappa's counsel Ravi B. Nayak to withdraw the petition filed Aug 2, a division bench observed that the prayer was premature.
The petition had sought the quashing of chapter 22 of the Lokayukta's final report in the light of subsequent developments.
The "subsequent developments" is related to the Lokayukta police registering a first information report (FIR) Aug 22 against Yeddyurappa and his family members under the Prevention of Corruption Act.
The police complaint was filed after Governor H.R. Bhardwaj Aug 4 accepted the ombudsman's recommendation and sanctioned prosecution of Yeddyurappa and his family members.
The bench comprising Justice K.L. Manjunath and Justice H.S. Kempanna also declined to grant liberty to the petitioner to move the court at a later date, as the inquiry into the mining scam was ordered by the state government in 2006 and extended its scope subsequently in 2010 when Yeddyurappa was the chief minister.
Chapter 22 of the probe report, submitted by former Lokayukta N. Santosh Hegde to the state government July 27, recommended trial of Yeddyurappa under the Prevention of Corruption Act for his alleged role in the mining scam as he was also holding the mining portfolio.
The former chief minister was accused of favouring South West Mining Company for allegedly receiving kickbacks through Prerana Education Society, a trust owned and managed by his family in Shimoga, about 280 km from here.
The petition said that the report was submitted to the government without giving accused Yeddyurappa an opportunity to be heard and it amounted to violation of the principles of natural justice.
The mining company is alleged to have donated Rs.10 crore to the education trust and paid Rs.20 crore to Yeddyurappa's sons B.Y. Vijayendra and B.Y. Raghavendra.
Raghavendra is the ruling Bharatiya Janata Party's Lok Sabha member from Shimoga constituency.