New Delhi, April 5: In a relief to Karnataka Chief Minister B S Yediyurappa, the Supreme Court Monday stayed the criminal proceedings against him and others in a corruption case of allegedly de-notifying a parcel of land to benefit private parties.
A bench of Chief Justice Bobde and Justices AS Bopanna and V Ramasubramanian also stayed the March 17 order of Karnataka High Court restoring the criminal case against the Chief Minister and others in the matter.
“Issue notice. In the meantime, there shall be stay of operation of the impugned order as well as stay of further proceedings in the Criminal Case,” the bench said and tagged the plea filed by Yediyurappa with a related case in which the top court had earlier granted protection from arrest to him.
During the hearing, senior advocate KV Vishawanathan, appearing for the Chief Minister, said it was a bona fide decision, taken in discharge of official duty.
The bench told Vishwanathan he may argue that it was a bona fide decision but it needs to examine the matter and hence, has issued notice to other party.
Vishawanathan said the high court order needs to be stayed otherwise the trial court will proceed in the matter.
The bench said he should listen to the order properly as it has stayed the proceedings.
In his appeal, Yediyurappa has contended that no prior sanction to prosecute him was taken and the high court ought to have considered this fact.
On March 17, the high court had set aside the order of the special trial court refusing to take cognizance of a private complaint filed by one M Alam Pasha. It had directed the special trial court to take cognisance of offences against Yediyurappa and proceed further in the matter on the basis of charge sheet filed by the Lokayukta Police in 2012.
The private complaint against Yediyurppa alleged that during his tenure as the Chief Minister from 2008-12, he had illegally de-notified 20 acres from land acquisition proceedings to give undue favours to private parties.
The trial court had earlier refused to accept the complaint against Yediyurappa and others after a closure report was filed by the police in the case.
Pasha then moved the high court for restoration of the case contending that the trial court has refused to take cognizance of the complaint against Yediyurappa despite the police charge sheet against him and closure report was filed with regard to other nine persons. (PTI)
