High Court sets aside plaint against BSY

High Court sets aside plaint against BSY

In a major relief to former chief minister B S Yeddyurappa, the High Court on Wednesday set aside the private complaint filed against him by JD (S) leader Y S V Datta in the Lokayukta court.

Hearing a petition by Yeddyurappa, Justice K N Keshavanarayana set aside the investigation against him on the grounds that no prior sanction was obtained to prosecute him.

Citing the recent orders by the Supreme Court as well as the High Court, the Court observed, “As per the Supreme Court directions, any private complaint should be associated with sanctions. This case being without sanction, the Lokayukta court has no jurisdiction to entertain the matter.”

Pointing out that the investigating officer has filed ‘B’ summary in this case, the court said that this makes no offence against the petitioner and disposed of the matter.

Earlier during the hearing, counsel for the petitioner, Prabhulinga Navadgi submitted that sanction is absolutely necessary to prosecute a public servant so that a public servant can discharge his duties fearlessly.

Counsel for the respondent maintained that the sanction was not necessary to prosecute. Datta had filed a private complaint against Yeddyurappa alleging violation of norms in awarding works on Upper Bhadra Project.

‘File report’

The High Court has directed the State government to furnish details on the action taken by it to clear encroachment of government land.

Hearing a petition by Samaja Parivartana Samudaya and others, the division bench comprising Chief Justice D H Waghela and Justice B V Nagarathna directed the government counsel to seek instructions regarding the action taken against the encroachers and for recovering the land.

K V Dhananjaya, counsel for the petitioners, submitted a memo saying that 5,145 acres of forest land has been encroached in Chikmagalur district by 87 individuals.

The government submitted that it has begun the process to clear the encroachments and sought more time for it. The bench then directed the government to file a report by the next date of hearing.

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