Supreme Court stays investigation against B S Yediyurappa in corruption case

The Supreme Court, on Friday, ordered a stay on an investigation into an FIR lodged by the Lokayukta police against former Karnataka Chief Minister B S Yediyurappa. The case is related to irregularities in awarding a Bangalore Development Authority contract for building a housing complex.

A bench of Justices D Y Chandrachud and Hima Kohli also issued a notice to the complainant, activist T J Abraham, seeking his response within four weeks on a petition filed by the senior Bharatiya Janata Party leader against the High Court’s order.

Senior advocates Mukul Rohatgi and Siddharth Dave, on behalf of Yediyurappa, contended that the Karnataka High Court ignored the fact that it was mandatory to obtain prior sanction before issuing an order for lodging the FIR (First Information Report).

The advocates argued there was a separate wall of defence under amendment brought in the Prevention of Corruption Act Section 17A—which stated prior approval was needed for an enquiry, inquiry or investigation against a serving or retired government servant.

The counsel, on behalf of Abraham, submitted that the necessity of prior sanction was dispensed with after the latest amendment in law in cases arising out of complaint filed under Section 156(3) of the Criminal Procedure Code, where the trial judge went through the materials before ordering lodging of the FIR.

The counsel for Yediyurappa, however, mentioned that in the instant case, the complainant sought sanction from the Governor, which was declined.

On this, Abraham’s counsel said that the sanction was indeed sought but it was a premature exercise.

The court, however, said it would examine the matter.

The bench suspended the inquiry in Yediyurappa’s case, but the investigation for now would continue against his son B Y Vijayendra, son-in-law Sanjay Shree, and grandson Shashidhar Maradi and others.

The Karnataka High Court had, in an order on September 7, held that the rejection of sanction would not come in the way of proceedings against Yediyurappa.

The case related to allegations of bribes to the tune of Rs 12 crore to award a BDA contract to a construction firm to build a housing complex for the government during Yediyurappa’s tenure as chief minister in 2019-21.

An FIR had already been lodged against the former Karnataka chief minister, his family members and others on September 16.