Raja and Yeddyurappa: Similar Cases, But Action Poles Apart


Raja and Yeddyurappa: Similar Cases, But Action Poles Apart

New Delhi, Jan 27(TOI): Prime Minister Manmohan Singh and Karnataka governor H R Bhardwaj faced an identical question — whether to grant sanction for prosecution of a minister on a private complaint alleging corruption charges. The PM took the stand before the Supreme Court that a private person has to first file his complaint before a competent court.

If the court was prima facie satisfied about the veracity of the complaint and decided to issue notice to the accused, only then could the private complainant seek grant of sanction from the sanctioning authority, that is the PM. Bhardwaj's stand in granting sanction to prosecute Karnataka chief minister B S Yeddyurappa even before a complaint was filed in court contradicts the PM's stand before the Supreme Court.

On January 21, Bhardwaj gave permission to prosecute Yeddyurappa for corruption charges exactly a month after some lawyers had filed a complaint before the governor. The lawyers moved court the very next day and filed their complaint against the chief minister.

The governor defended his action saying his decision was fortified by an earlier SC decision. Bhardwaj also said he could not keep quiet when the land scam had allegedly cost the state Rs 500 crore.

The PM had refused to grant sanction to Janata Party president Subramanian Swamy, who sought prosecution of then telecom minister A Raja for irregular allotment of 2G spectrum licences for mobile phone services.

Swamy had sought sanction from PM on November 29, 2008. He had challenged the silence on the part of the PMO on the issue of sanction to prosecute Raja. The court had sought an answer from the PMO.

Attorney general G E Vahanvati had on November 23 last year told a Bench of Justices G S Singhvi and A K Ganguly that the PM's stand on the issue was a well-settled legal proposition. "The question of sanction cannot and does not arise" because Swamy had not filed his complaint before a competent court, he had said.

The AG had termed Swamy's plea to be "misconceived" because he had sought "sanction for prosecution even without filing a complaint before a court".

"There is no question of consideration of sanction for cognizance when no complaint at all was filed. It is settled law that there is no question of sanction merely on the institution of complaint," Vahanvati had said.

The AG had said a private complainant like Swamy could move the sanctioning authority (PM) for grant of permission only after a competent court found his complaint prima facie disclosing commission of an offence and decided to issue notice to the accused.

The Supreme Court has reserved its verdict on Swamy's petition to determine the legal position on grant of sanction.

  

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Comment on this article

  • NEIL SEQUEIRA, URWA

    Wed, Apr 06 2011

    tell me what did Congress did for me ? Gave Muslims more reservations and treated christians and rest of the smallest of smallest of minorities like 3rd class citizens. and stole and stole and their main leaders got married to foriegn brides - Our Srimaan Rajiv gandhi so will Rahul Gandhi. This is how mationalist congress is. Except corruption and embarrassment congress has done all favors to Their own, America and none to Indians.
    or how else does Anderson who indirectly killed maimed people of Bhopal got away and they didnt even pay compensation, how Ambanis Tatas know the budget before hand or how lawless the country is. This is the gift of congress in brief

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  • Ramesh, udupi

    Fri, Jan 28 2011

    Did u ever asked ..what about of SM Krishna, who has taken 20crore fm state treasury to release RajKumar fm Veerappan...sometimes after Police killed Veerappan...why did SM Krishna initiated this action early...simple answer..TO TAKE-OUT GOVERNMENT MONEY LEGALLY!!! Most of Congress leaders are chors and if Government officials trying to bring corrupt congress follower/leader in picture ..the result burnt alive the officials itself to erase proof permanently..

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  • Ivan Prakash D'Souza, Mangalore / Kuwait

    Thu, Jan 27 2011

    Mr.Louis D Souza,Udupi - Kuwait.

    Shoba Karandlaje claimed that she has 106 acres of coffee estate and a estimated 2.6 crores rupees of garment exporting bussiness.
    There is no clear answer from where all these wealth she accumulated.
    If honest, she has to show on what grounds she got huge amounts of bank loans.

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  • Jossey Saldanha, Mapusa, GOA

    Thu, Jan 27 2011

    When will the voters of Karnataka realize that Yeddi is a crook?
    By giving donations to temples and posing for photographs with Swami’s the gullible voters think Yeddi is holy and can never be a fraud.
    Extremely saddening is even BJP high command is helpless against Yeddy, maybe he is sharing the loot with Gadkari and Sushma.
    I appreciate Congress – at least they sacked or asked all tainted ministers to quit.

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  • Devi, Mangalore

    Thu, Jan 27 2011

    hahaha...now we know why Nagesh Nayak loves Yeddy. Its unbelievable that people can be so blind!! and shameless.

    DisAgree Agree Reply Report Abuse

  • thomas, bangalroe

    Thu, Jan 27 2011

    Zulkif, Dubai
    ..gujrat ..it was necessery of real indian citizen to keep jihaids and terorists in sideline..
    jihaids started their madarasa killing experiment in gujrat..but also ended soon due to prompt action by narendramodi..

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  • nagendra nayak, Kudremukh

    Thu, Jan 27 2011

    helo nagesh,you are appaji will go to jail soon,jai ho 420?

    DisAgree Agree Reply Report Abuse

  • Raina, Mangalore

    Thu, Jan 27 2011

    OOPS!!!!! We didn't know that.

    Did you get some land? he he...

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  • Louis D'Souza, Udupi/Kuwait

    Thu, Jan 27 2011

    Yeddy (BJP), A. Raja (DMK), Suresh Kalmadi (Congress) all are equally corrupt they all must resign from their post and face investigation. MMS should allow them to prosecute.
    BJP high command don’t have guts to remove Yeddy, also there is no other honest MLA in BJP. (Shobha Karandlaje is an exception) BJP high command knows that all their MLAs are corrupt n not trustable. That’s the only reason they have allowed Yeddy to continue as he is contributing some percentage to party funds. Yeddi n Modi are above high command, in these two states public voted them based on religious belives,because of the trouble both caused to minorities.

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  • Zulkif, Dubai

    Thu, Jan 27 2011

    If we feel congress in karnatak is week. I feel BJP in center is weeker then congress in karnataka. They had rarely suspended their BJP leader. Example from past. Guj Riots was in the rule of BJP in both Centre and state. Reddys in karnataka stole crores of iran ore and kept finance minstry with them. recently land allotment in bhopal to the trust where Mr advani and venkaiaya naidu are tustees was gien @ rs1. actual rate was 60 crores. And important karnatakas image is distroying day by day with Mr yeddy on his post. And musch more like coffins etc. They take very rare action and if they take also after some time they give a big ministerial post to them just like they did for Mr George Farnandes. Thats why Mr hegde From lokayuka resiegened giving reoson that whenever they want to take action against government came to resque to there cuppupt.

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  • Unaid Uppala, Uppala

    Thu, Jan 27 2011

    Mr. Ismail, which High Command you are talking about ? That paper Tiger can not take any decision because he has got his huge share of looted money from shameless CM. If he or Sussy take any action, their role in loot will be revealed by Yeddy. Now, they are helpless. Our 'Cheap' Minister knows how to throw bones at hungry dogs to keep them mum.

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  • Bobby Malhotra, Mulki

    Thu, Jan 27 2011

    Ms.Ranjith Shetty, jordan..if we go on appointing 'good people' each time.. it looks like 'barah anne ka murgi.. ek ruapyyah ka..masala.. Jai Ho..

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  • Kotian, Karkala/Dubai

    Thu, Jan 27 2011

    All people knows, media knows what Mr.Yadiyurappa is, how is trying to do development in karnataka,so many useless people trying to pull his leg.Please CM keep going concentrate only on development of karnataka.We will make history no CM like Yadiyurappa before not in future. All Karnataka people are with you and definettly you are doing good things god's grace always with you.Best of Luck........

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  • Bobby Malhotra, Mulki

    Thu, Jan 27 2011

    Ms.Ranjith Shetty, jordan..What you are informing is right.. but each and every time if we go on search for 'good people' who will bear the cost of conducting elections?..it will be double than these scams!!..Jai Ho..

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  • Lokanath.D, Bantwal/Iran

    Thu, Jan 27 2011

    Here there is no difference between Govenor and Eddy....
    1.Mr.Eddy has no moral right to continue as CM of Karnataka...
    2.Ex-law minister has no right to continue in his office as governor since he had failed in his decisions many times...and also he had helped Quatrochi when he was in power....
    3.Openely he is not allowing the democratically elected goverment to function towards the people need,one or the other way he pulls the goevrment and divert the direction of the goverment,so he is against the development of Karnataka....
    4.Governor should understand voters mandate...unnecessarily he is giving contraversial statements.
    5.I think in this decision also he may fail.....(sanction for prosecution)
    6.PM shown his maturity level...
    7.Right from the day first governor is working against the BJP,which Cong or JDs could not do...so much damage he did on BJP...
    8.BJP top leaders are unable to understand the situation....if they are wise...it is the right time to replace Yeddy with Suresh Kumar...
    9.Still voters are with BJP...
    top leaders should think more and more instead of sticking on Eddy...
    10.Mr.Raja is having 1.76lakh crores but Eddy is having 500crores....corruption charges.
    11.Here the quastion is which goverment is perfect and who is perfect in politics,who is a better politician?
    12.Voters verdict is final......it is democracy.

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  • Ranjith Shetty, jordan

    Thu, Jan 27 2011

    If you think there is no people other than UPA and yeddi, it is your lack of knowledge.India will get good leaders if all these leaders kept in the jail for 10 years.

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  • Ivan Pinto, Mangalore

    Thu, Jan 27 2011

    Raja and Yeddiurappa, both have cheated. But they are not similar at all. Raja belongs to UPA government. Yeddiurappa is ruling Karnataka, cause the congress in Karnataka is very weak and selfish. All the congress leaders are rejected by Karnataka people. That is why BJP got elected and Yeddi is ruling and doing all these wrong actions. If congress in Karnatka cleans itself by discarding all the useless candidates, then there is some home. Hope in the next cabinet resuffle, manmohan Sing will not make the incompeted leaders from Karnataka, ministers again.

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  • Bobby Malhotra, Mulki

    Thu, Jan 27 2011

    Mr.Suresh, Mangalore..If all the people's from UPA landed in jail..plus yeddi who will rule the government?.Jai Ho..

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  • Suresh, Mangalore

    Thu, Jan 27 2011

    Arrest Yeddi.

    Put him in JAIL

    DisAgree Agree Reply Report Abuse

  • ISMAIL K PERINJE, PERINJE/YANBU-KSA

    Thu, Jan 27 2011

    Here techinicaly may differs in the opinion about sanctioning permission to proscute concerned people but Raja already resigned from his ministership.Therefore is Yeddy will do that?In both cases irragularities are taken place beyond doubt and both cases persued as per the merit.Both cases are 'BAHUKOTI SCANDALS'and to uphel the value of democracy both should face rule of land irrespective of party affiliations.Therefore H.Command of BJP need to direct Yeddy to step down untill investigation is over.Do we expect from Tooth less High command of BJP?????A million dollar question!!!!

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