Daijiworld Media Network - New Delhi (MS)
New Delhi, Jul 6: In the case relating to 2010, in which, former chief minister of Karnataka B S Yeddyurappa was accused of helping minister D K Shivakumar with the denotification of land, a Supreme Court judge recused from hearing the case on Friday, July 5.
The bench presided over by justice S Abdul Nazeer, which also included justice R Subhash Reddy withdrew from hearing the case as soon as the matter was called out. The case will not be heard by any other bench.
Supreme Court, on March 11 had mulled whether it can consider the plea of an intervenor to revive the case.
Prashant Bhushan, who was representing his client S R Hiremath, president of 'Samaj Parivartana Samudaya' had sought to recall the order of February 21 of the court, in which the petition filed by Kabballegowda was dismissed as withdrawn.
Kapil Sibal, senior advocate of Supreme Court and appearing for minister D K Shivakumar contended that the intervenor cannot be allowed to raise his plea in the criminal matter.
It was submitted that T J Abraham, the first complainant in the case had already withdrawn his petition and Kabbalegowda, the second complainant was made to withdraw his case by force.
The present Lokayukta, justice P Vishwanatha Shetty, who had appeared before the apex court for the accused, had preferred not to challenge the order quashing the criminal case, alleged Prashant Bhushan.
The intervenor, in his complaint, contended that the complainant might be compromised but the complaint was not.
The matter is related to the denotification of 4.20 acres of land allegedly against the Karnataka Restriction of Transfer of Land Act of 1991 and violating the Prevention of Corruption Act and Indian Penal Code.
Kabbalegowda, a social worker from the district of Ramanagarama, in a special leave petition, had challenged the Karnataka High Court's order of December 18, 2015, quashing the proceeding initiated against the political leaders and Hamed Ali, the then working sub-registrar at Bengaluru South Taluk and others.
On February 5, 2012, the trial court had taken cognizance of the offences allegedly committed by the accused. He subsequently withdrew his petition.