Karnataka Chief Minister B S Yediyurappa and former State Industries Minister Murugesh Nirani have approached the Supreme Court against the High Court's January 5 order, allowing criminal proceedings against them in failing to fulfil their assurance to grant 26 acres of land to private investor M Alam Pasha in 2011.
A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian would consider the two separate petitions filed by them on Wednesday, January 27.
The CM and his former colleague questioned the validity of the HC's order, which restored a fresh criminal complaint filed against them in a Bengaluru court, despite a previous one having been quashed on October 11, 2013, for want of a valid sanction.
The HC had on January 5 held that the quashing of the earlier complaint filed by Pasha for want of sanction, would not operate as a bar to maintain the instant complaint.
Acting on Pasha's plea against Special Judge's order of August 26, 2016, the HC had said the order was contrary to the well-established principle of law that sanction for prosecution of public servants was not necessary after they demit the office or retire from service.
It had also said the prohibition contained in Article 20(2) (double jeopardy: no person shall be prosecuted and punished for same offence for more than once) of the Constitution and Section 300 (person once convicted or acquitted need not be tried for the same offence) of Criminal Procedure Code would not get attracted to the facts of the case as the CM and the former minister have not been prosecuted or acquitted based on the earlier complaint.
Pasha alleged that the CM, former Minister and others had allegedly forged documents to show withdrawal of approval of 26 acres of land to him in Devanahalli Industrial Area in Bengaluru Rural in 2011.