HC rejects BSY’s plea against summons
Yeddyurappa had sought quashing proceedings in denotification cases
The High Court of Karnataka on Tuesday dismissed former chief minister B S Yeddyurappa’s petition seeking to quash the summons and proceedings against him in two private complaints being heard in the Special Lokayukta court.
Yeddyurappa had challenged the issue of summons in two of the five private complaints filed by advocate Sirajin Basha in the Special Lokayukta Court alleging illegal denotification of land for pecuniary gain.
Dismissing the petition, Justice Anand Byrareddy ruled that it would be premature for the High Court to form an opinion as the criminal breach of trust was yet to be established by the lower court.
“In view of the matter , when the complainant is yet to tender his evidence before framing of charges in both the complaints, there is adequate opportunity to cross-examine the complainant and his witnesses in relation to the material that is sought to be relied upon. It is also open to the petitioner to be heard before framing of charges. When such an alternative remedy is available to the petitioner, we will not interfere,” the Court ruled.
The court also opined that it would be illegal for the lower court to refuse to allow examination, cross examination and re-examination.
Further, the Court also refused to split the complaints saying: “When the complaints are inextricably linked together, splitting of the complaints is not allowed as it would result in the erosion of the very foundation of the allegation.”
The High Court also ruled that the Lokayukta court should either postpone the hearing and investigate the matter itself or hand it over to a police officer.
The Lokayukta court had on August 8 last year issued summons against Yeddyurappa on charges of illegally denotifying Bangalore Development Authority (BDA) land in Geddalahalli, Devarachikkanahalli and Arakere favouring his family members.
Another complaint against Yeddyurappa relates to denotification of land in Rachenahalli, Uttarahalli and Agara villages, regarding which also the Lokayukta court had issued summons on August 23.
