Cases against B S Yediyurappa: SC seeks details of reference on question of sanction

The court asked senior advocate Sidharth Luthra, appearing for the ex Karnataka CM, to provide a chart indicating details of cases along with the brief submissions.

New Delhi:  Hearing a batch of petitions concerning land denotification cases filed against former Karnataka Chief Minister B S Yediyurappa, a bench of Justices J B Pardiwala and Manoj Misra sought clarify on the issue of previous references made to adjudicate upon the legal issue.

The court asked senior advocate Sidharth Luthra, appearing for Yediyurappa, to provide a chart indicating details of cases along with the brief submissions.

"We will prepare a chart, these are distinct matters, I don't know why those are fixed together. There would be some variations in question of laws. There are five sets of cases," Luthra said.

Before fixing the matter for consideration on February 28, the bench said, "We will decide the question of law. We will go through reference orders and submissions and proceed step by step."

Giving an overview, Luthra said there were certain parcel of lands which were withdrawn, the FIRs got registered, the accused was a public servant at the time of offence. Since there was no sanction, the court still took cognisance, the HC quashed it, this order not challenged. However on same identical complaint was filed, trial court dismissed it but the High Court set aside the dismissal.

Luthra also referred to the issue of applicability of Section 17A --related to mandatory prior approval for prosecuting a public servant-- introduced in 2018 in the PC Act. 

On January 16, 2024, the Supreme Court's two-judge bench gave a split verdict on the issue of obtaining prior sanction before initiating inquiry, enquiry or investigation against public servants under the Prevention of Corruption Act.

The court had then ordered posting the matter before the Chief Justice of India for setting up a larger bench to decide the applicability of Section 17A. Of two judges, Justice Aniruddha Bose (since retired) held if any inquiry, enquiry and investigation has been initiated without previous approval of the competent authority under Section 17 A, it shall be held as illegal.

Justice Bela M Trivedi, for her part, held that the Amendment Act, 2018 can't be used to seek mandatory approval of the authorities for the offences prior to the date of July 26, 2018 notified for application of the new provisions.

During the hearing, senior advocate Vikas Singh sought to make submission on behalf of the Karnataka government, which was opposed by Luthra, who said the State was not a party in cases arising out of private complaints.

"In criminal proceedings, it is unthinkable that the State is not a party," Singh said.

Solicitor General Tushar Mehta sought to assist the court on behalf of the Comptroller and Auditor General, whose reports also formed basis of complaints.

Luthra also raised the issue of an advocate Sachin S Deshpande from Bengaluru, writing a letter to the CJI alleging judicial favouritism in cases against Yeddyurappa.

"It should go to the garbage bin," the court orally observed.