The year 2011 witnessed several VVIPs, including former chief ministers, knocking the doors of the High Court seeking relief from complaints pertaining to allegations of corruption against them and legal experts descending from New Delhi to defend them.
The trend began with the 16 MLAs moving the High Court in 2010, challenging Speaker K G Bopaiah’s decision of October 10, 2010 to disqualify them.
The MLAs were disqualified on the basis of a complaint filed by then chief minister Yeddyurappa on October 7. The disqualifications came on the eve of the BJP government seeking a trust vote in the House.
Supreme Court senior counsel Soli Sorabjee appeared on behalf of Yeddyurappa and the Speaker and was assisted by former MP and Supreme Court counsel Satyapal Jain.
The matter was initially heard by the Division Bench headed by then Chief Justice J S Khehar, which resulted in a split verdict in the case of 11 BJP MLAs. The matter was entrusted to the third judge, Justice Sabhahit, who upheld the Speaker’s verdict.
The trend continued in the petition by Independent MLAs challenging the Speaker’s order, before the full Bench comprising Justices Mohan Shantanagoudar, Abdul Nazeer and A S Bopanna.
Speaker’s power
Sorabjee appeared on behalf of the then chief minister, along with Satyapal Jain, while the MLAs were represented by Supreme Court senior counsel P P Rao. During the hearing, Rao submitted that the Speaker cannot disqualify the MLAs by considering the complaints by five voters.
After the disqualification case, it was the turn of the cases pertaining to denotification and the Lokayukta report.
Following the sanction accorded by Governor H R Bhardwaj to prosecute Yeddyurappa, the former chief minister moved the High Court challenging the sanction. He was represented by Supreme Court senior counsel Ram Jethmalani.
Petitions were also filed by Yeddyurappa seeking that the FIRs in private complaints three and four be quashed. He also filed for anticipatory bail in these cases.
The cases were argued by Supreme Court senior counsel Uday U Lalit. He also appeared on behalf of Yeddyurappa for the anticipatory bail petition in private complaints two, five and six.
Services
Sirajin Basha, complainant in the Yeddyurappa case, has engaged Supreme Court senior counsel Amit Chowdry, Sudhindra Desai. Senior counsel P P Rao appeared for Basha in the petition by Yeddyurappa challenging the sanction granted by the Governor.
The services of former Delhi High Court judge Mohan Lal Verma were also availed by Basha.
Following the Lokayukta reports on illegal mining, FIRs were filed against Yeddyurappa, who has availed the services of Supreme Court advocates and City-based advocates. Former chief minister H D Kumaraswamy, who had challenged two private complaints against him, got a reprieve with the High Court quashing both complaints against him on October 21.
Yeddyurappa, who was taken into judicial custody on October 13 in connection with private complaints three and four, was released on November 8 on bail.
The year also witnessed more former chief ministers and ministers approaching courts following several private complaints.
Former chief ministers S M Krishna, Dharam Singh and H D Kumaraswamy (second time) moved the High Court, following private complaints against them for their alleged involvement in illegal mining.
Interim stay
Krishna sought the services of Supreme Court senior counsel Lalit and senior counsel Ravi B Naik and has obtained interim stay.
Kumaraswamy and Dharam Singh have also obtained interim stay on investigation against them.
Housing Minister V Somanna and Home Minister R Ashok too knocked the doors of the court, following several private complaints against them. Some of the cases are pending before the court.
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