BSY challenges mining report in HC

In his submission, Yeddyurappa has said the findings recorded by the Lokayukta were without jurisdication as they went beyond the terms of reference.

Yeddyurappa, who has filed the petition in his name, has made the Karnataka Lokayukta the respondent in the matter. He has submitted that the findings by the agency were based on presumption and not on any evidence, for him to be booked under the Prevention of Corruption Act.

The petition states that the Lokayukta has received certain documents relating to the donations made by South West Mining Company Limited.

By the time, three applications for grant of licence by Jindal Group were pending before the government.

The Lokayukta had recommended criminal proceedings on the conclusion that the donations received by the trust were in order to get a favourable reply by the government.

The petitioner said that the Lokayukta, before giving submitting report, did not seek an explanation either from him or his sons and suo motu has come to the conclusion that offences under the provisions of the Prevention of Corruption Act have been committed.
“This is contrary to the established tenets of law and therefore the action of the Lokayukta cannot be justified,” the petitioner said.

Referring to the recommendation by the Lokayukta in connection with the misuse of office by former Chief Minister H D Kumaraswamy, relating to the mining lease issued to two companies, he mentions that there is no criminal action mentioned against him, while it is contrary in his case.

Terms of reference
He pointed out that the task entrusted to the Lokayukta was to find out whether there was any illegal mining in the State and whether on account of such activity there were any loss to the State exchequer; and if so, assess the quantum of losses caused to the State exchequer.

On the contrary, the Lokayukta has exceeded the terms of reference so also the scope and ambit of his jurisdiction and has indicted the petitioner.

He further stated that the Lokayukta had caused serious prejudice to the petitioner as it had resulted in miscarriage of justice. It has resulted in the petitioner having relinquished the office of the chief minister.

Stating that it has damaged the reputation of the petitioner, who has maintained and continues to maintain steadfast integrity in his public life for the past 40 years, he said the procedure adopted by the Lokayukta was in violation of principles of natural justice.
Terming the report and process of investigation an arbitrary action, he submitted that this presumptive finding against the petitioner had violated the right to protection of reputation guaranteed under Article 21 of the Constitution of India, and prayed the court to set aside the report and the recommendations.The matter is likely to come up on Wednesday.

Reconsider report: BSY to Lokayukta

Caretaker Chief Minister B S Yeddyurappa on Tuesday wrote to Lokayukta Justice N Santosh Hegde urging him to reconsider the recommendations made by him in Chapter 22 of his second report on illegal mining in Karnataka.

The ombudsman had recommended to the Governor to prosecute Yeddyurappa under the Prevention of Corruption Act.

Hegde, on receipt of Yeddyurappa’s letter, said he would place it before his successor as he had demitted office on Tuesday.

Here are some salient points of Yeddyurappa’s letter.
Recommendation to be reconsidered as it was not part of the reference made by the State. It goes beyond the reference.Allegations about sale of a site in Rachenahalli and transaction between South West Mining Company and the Trust owned by my sons is before the Lokayukta Special Court and the Padmaraj Commission. Also, the transcation is called into question in a complaint filed by JD (S) leader Y S V Datta alleging illegal denotification.
As per Section 8 of the Lokayukta Act, it was appropriate that no finding be recorded on the said transaction.The findings recorded by you runs directly contrary to the compliant filed in the above forums.Non-issuance of notice has caused me serious injustice and has tarnished my image.