Stay on BSY case challenged in SC

The petition filed by advocate Prashant Kumar on behalf of Sirajin Basha contended that the stay order passed by the single judge Bench of the High Court on March 29 had stalled the trial of all the accused persons including the chief minister against the basis tenets of law.

“It is established canon of criminal law that every accused person  has to establish his case individually and there cannot be any blanket stay in favour of all the accused persons at the instance of one of the accused,” the petition said.

“There was no occasion for the High Court to stay the trial at the pre-summoning stage,” it added. According to the petition, Yeddyurappa has been involved in various acts of omission and commission including alleged misuse of office making himself liable to be prosecuted under the Prevention of Corruption Act and other penal laws.

The offences related to de-notification of acquired lands by the government at the CM’s active behest, wherein beneficiaries were mainly his close relatives, Kumar alleged.
Basha had filed a private complaint in a special court against Yeddyurappa after obtaining sanction from the Governor in January.

The Court had taken cognizance of the complaint and allowed Basha to record pre-summoning evidence but the order was later stayed by the High Court.

“There was no occasion for the High Court to stay the trial at the pre-summoning stage,” advocate Kumar claimed in the petition.