After the Karnataka Lokayukta police filed an FIR against him in a corruption case, former Chief Minister Yediyurappa has moved the Supreme Court seeking the quashing of the case. The plea seeks to challenge the recent Karnataka High Court ruling that reinstated a private complaint against Yediyurappa, his son and BJP state vice president BY Vijayendra and others over corruption allegations. According to reports, a bench of Justices DY Chandrachud and Hima Kohli is expected to hear the case on Monday, September 19.
On September 8, the Karnataka High Court had allowed the petition of social activist TJ Abraham, after it had last year set aside the complaint on the grounds that it required the Governor’s sanction as Yediyurappa was still the Chief Minister then. However, on September 8, the High Court bench held that there is no legal significance of waiting for the Governor’s sanction, as the request was not made by a police or law enforcement officer.
A special court on July 8 last year dismissed the complaint filed by activist TJ Abraham saying, “an order of investigation under Section 156(3) of the Criminal Procedure Code cannot be imposed without a proper sanction under Section 19(1) of the Prevention of Corruption Act.” The special court had also recorded that the request for sanction had been denied by then Governor Vajubhai Vala. Section 156(3) of the Criminal Procedure Code empowers a magistrate to direct the concerned police officials to investigate an offence upon receiving a complaint outlining a cognisable offence. Section 19 of the Prevention of Corruption Act deals with previous sanctions necessary for prosecution.
On September 16, Karnataka Lokayukta police registered a First Information Report(FIR) against Yediyurappa, his son and state BJP vice president BY Vijayendra, and three of their family members in a corruption case. They were booked under the Prevention of Corruption Act (PCA) and Indian Penal Code. The case relates to the anomalies in a Bangalore Development Authority (BDA) tender during BS Yediyurappa’s tenure as Chief Minister of Karnataka from 2019-2021. The FIR also names two businessmen as defendants, along with former BDA commissioner GC Prakash and Cooperation Minister and former BDA chairman ST Somasekhar.