Bangalore: HC Stays Lower Court Order against CM


Bangalore,Apl1 (PTI) In a further relief to scam-hit Chief Minister B S Yeddyurappa and his family, Karnataka High Court today granted interim stay on a lower court order which had taken cognisance of offences against them in four private complaints.

With this the High Court has stayed the 23rd Additional Civil and Sessions Judge C B Hippargi order taking cognisance of five complaints filed by two city based advocates alleging corruption and nepotism against Yeddyurappa and others.

Justice K N Keshavanarayana granted the stay on four petitions (filed in connection with four complaints) by Sohan Kumar, son-in-law of Chief Minister, challenging the lower court order. The court also ordered issue of notices to the two respondents, advocates Sirajin Basha and K N Balaraj.

On March 29, the High Court had stayed proceedings in the first complaint, over which the lower court had ordered Lokayukta probe on March 24. Following the High Court stay on the remaining four complaints, further proceedings on five complaints in the Sessions Court comes to a halt till further orders.

The advocates had filed five complaints before the Special Lokayukta Court for prosecuting Yeddyurappa and others in January after the Governor H R Bhardwaj accorded sanction for prosecution.

The lower court has completed recording of evidence from complainants on their second complaint and is yet to take up the exercise on the remaining three. The complaints against Yeddyurappa and others relate to alleged irregularities in denotification of land.

Meanwhile, Karnataka Home Minister R Ashoka, against whom a private complaint has been taken cognisance of, has got relief following the High Court granting interim stay on lower court order till April five. Justice Keshavanarayana granted the stay on a plea filed by Ashoka, who has been accused of securing denotification of land by Bangalore Development Authority, bending rules.

Ashoka had contested the lower court action of taking cognisance of offence, stating that the Governor had refused sanction to prosecute him.

Arguing on behalf of Ashoka, senior counsel B V Acharya submitted that the lower court had taken cognisance of the complaint "against a public servant without any sanction".
Quoting Supreme court judgments, he said "existing of a valid sanction is a pre-requisite to taking cognisance of the offence... and a trial without a valid sanction is without jurisdiction".

Acharya also expressed apprehensions about the process of inquiry by the Lokayukta police commencing as per the lower court order "which would then be without a sanction" and sought time for further arguments.

Following this, Justice K N Keshavanarayana granted the interim stay till April 5 on the lower court order on taking cognisance of the complaint and all further proceedings.
The petition will be taken up for arguments on that day. 

  

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Comment on this article

  • NALINI, MANGALORE

    Fri, Apr 01 2011

    THE COURTS ALSO OBEY THE ORDERS OF THE CM WHEN THEY SEE MONEY BAGS COMING TO THEIR HOUSE. NOW KARNATAKA HAS BEEN HIJACKED BY YEDDY. CRORES GOES TO JUDGES AND HERE ALSO OPERATION KAMALA IS IN PROGRESS. WHY THE HIGH COURT HAS TO BRING STAY ORDERS FOR ALL THE CASES ? IN KARNATAKA EVEN THE COURTS ARE ALSO NOT SPARED BY YEDDY. SO THIRD CLASS BJP GOVERNMENT IS FUNCTIONING.

    DisAgree Agree Reply Report Abuse

  • Jossey Saldanha, Mapusa

    Fri, Apr 01 2011

    Will an Innocent guy ever ask for a stay order?
    Does he think people in Karnataka are all DUMB?

    DisAgree Agree Reply Report Abuse

  • ISMAIL K PERINJE, PERINJE/YANBU-KSA

    Fri, Apr 01 2011

    All corruption cases will sine die gradually and Yeddy will rule the state another two years with out disturbance from foes and friends of his own party.

    DisAgree Agree Reply Report Abuse

  • Peter, Bangalore

    Fri, Apr 01 2011

    Last week foundation stone laid for housing for judges and residential quarters, first stay came .Yesterday foundation stone laid for the new High court Canteen building , second interim stay came.

    DisAgree Agree Reply Report Abuse


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Title: Bangalore: HC Stays Lower Court Order against CM



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