Lokayukta judicial wing's action awaited in denotification cases

Recommendation to move SC against BSY, DKS stuck for 20 days

Lokayukta judicial wing's action awaited in denotification cases

 Two recommendations for filing Special Leave Petitions (SLPs) before the Supreme Court against former chief minister B S Yeddyurappa, Energy Minister D K Shivakumar and IAS officer Dr Rame Gowda have been lying with the judiciary wing of the Lokayukta.

The High Court had recently quashed 16 FIRs, in two writ petitions, one against Yeddyurappa and another against Shivakumar, Yeddyurappa and Rame Gowda.

The first case, alleged illegal purchase of land under acquisition by Shivakumar in Benniganahalli and its denotification by Yeddyurappa, was quashed by Justice Anand Byrareddy on December 18, 2015. The Lokayukta police had charge-sheeted Shivakumar and indicted other officials, including the then Special Deputy Commissioner Rame Gowda. Though police had dropped charges against Yeddyurappa, the Lokayukta court had taken cognisance against him and issued summons. 

The second, pertaining to the 15 FIRs registered by the Lokayukta police on illegal denotification ordered by Yeddyurappa, was quashed by Justice Rathnakala on January 5, 2016. The High Court had quashed the FIRs, which were registered based on the Comptroller and Auditor General of India (CAG) report, stating, “The High Court, in its writ jurisdiction ordering probe in respect of an allegation on the basis of CAG report is one thing and the Lokayukta police taking CAG report as a document to launch a criminal case is another thing. There is no semblance between two circumstances.”

Immediately after the High Court order, the Special Public Prosecutor for Lokayukta police had filed a report recommending filing SLPs. The matter was placed before the Chairman Legal Cell (CLC) and sources said the CLC cleared all the three recommendations. However, the files somehow are still with the judiciary wing.

A senior official said that as a usual practice, a recommendation for filing of SLP would be placed before the additional director general of police (ADGP) Lokayukta and later forwarded to the government. Sources in the Lokayukta police wing confirmed that the recommendations have not reached them. A senior official with the judiciary wing said that the files have been with the judiciary wing for the last 20 days.

Yeddyurappa, Shivakumar cases

A complaint was filed to the Lokayukta seeking investigation against persons responsible for illegal denotification of land mentioned in the CAG report number-6 of 2010-11 and report number-3 of 2012. The Lokayukta had directed the Criminal Investigation Department (CID) to hold preliminary enquiry and submit a report. After the submission of the preliminary enquiry report, the Lokayukta had directed the police to proceed with the investigation. The Lokayukta police registered FIRs against Yeddyurappa and others.

D K Shivakumar, when he was Urban Development minister, had purchased 4.20 acres of land at Benniganahalli in December 2003. The land was under acquisition and vested with the BDA. Rame Gowda, who was the then Special DC, converted the land from industrial to residential use in February 2004. After all these proceedings, then chief minister Yeddyurappa ordered denotification of the land in favour of  the original land owner, who had passed away even before filing of the application for denotification.

High Court: The High Court, in its writ jurisdiction, ordering probe in respect of an allegation on the basis of CAG report is one thing, and the Lokayukta police taking CAG report as a document to launch a criminal case is another thing. There is no semblance between two circumstances.

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