Approach trial court to prosecute BSY in land scam: SC to Basha

The Supreme Court on Tuesday asked an advocate why he didn’t approach the trial court after Karnataka Governor Vajubhai Vala denied him sanction to prosecute former chief minister B S Yeddyurappa in five cases of land scam.

“Why is everybody rushing to Tilak Marg (Supreme Court address)? Why should we spend our time on issue of grant of sanction? What is the difficulty for the trial court to proceed for penal offences, if the sanction for prosecution under the Prevention of Corruption Act was declined,” a bench of Justices J Chelameswar and Abhay Manohar Sapre asked senior advocate Gopal Subramanium.

Subramanium, appearing for advocate Sirajin Basha, has challenged a Karnataka High Court ruling that quashed the sanction given by former Governor Hansraj Bhardwaj for prosecution of the BJP leader. He also challenged current Governor Vala’s refusal to give sanction for criminal proceedings against Yeddyurappa. Basha urged the Supreme Court to direct transfer of the writ petition against Vala’s order.

As the counsel submitted that there were conflicting views taken by the two Constitutional authorities (Governors Bhardwaj and Vala), the bench asked him to show his bona fide and approach the trial court to proceed for offences under the Indian Penal Code. The counsel sought four weeks from the court for the purpose. Basha has challenged a ruling given by the High Court in November 2015 to quash the sanction given by Bhardwaj for Yeddyurappa’s prosecution. K N Balraj, a co-complainant, had moved the High Court on February 19, 2016, after Vala declined the sanction on December 4, 2015.

The High Court’s November ruling cited “uneasy relationship” between then chief minister Yeddyurappa and then Governor Bhardwaj to set aside the January 21, 2011 sanction. It also noted that the Governor did not seek the advice of the council of ministers before granting permission for Yeddyurappa’s prosecution in cases of land denotification. Yeddyurappa had claimed that Bhardwaj had an “acrimonious” relationship with him and that Basha, associated with the JD(S), just walked into Raj Bhavan and got sanction without following the due process of law.