SC judge recuses from hearing case related to BSY, DKS

B S Yeddyurappa. DH file photo

A Supreme Court judge, on Friday, recused from hearing a matter wherein former Karnataka Chief Minister B S Yeddyurappa was accused of helping senior Congress leader and minister D K Shivakumar with denotification of land in Bengaluru in 2010.

Justice S Abdul Nazeer, presiding over a bench also comprising Justice R Subhash Reddy, withdrew from the case as soon as the matter was called out.

The case would not be posted before another bench.

On March 11, the top court had wondered if it can consider an intervenor's plea for reviving the criminal case.

Prashant Bhushan, appearing for S R Hiremath, President of 'Samaj Parivartna Samudaya', has sought to recall the order of February 21 whereby the petition filed by Kabballegowda was “dismissed as withdrawn”.

Senior advocate Kapil Sibal, appearing for Shivakumar, then contended that the intervenor cannot be allowed to raise his plea in the criminal matter.

It was submitted that the first complainant T J Abraham had already withdrawn his petition, the second complainant, Kabbalegowda was also forced to do so.

Bhushan alleged the present Lokayukta (Justice P Vishwanatha Shetty), who had appeared for the accused before the apex court, had preferred not to challenge the order quashing the criminal case.

In his application, the intervenor contended that the complainant might be compromised but the complaint was not.

The issue related to the denotification of 4.20 acres of land allegedly in contravention of the Karnataka Restriction of Transfer of Land Act, 1991 and in violation of the Prevention of Corruption Act and Indian Penal Code.

In a special leave petition, Kabbalegowda, a social worker from Ramanagaram District, had challenged the Karnataka HC's order of December 18, 2015, quashing the proceedings initiated against the leaders as well as Hamed Ali, then working sub-registrar at Bengaluru South Taluk, and others.

The trial court had on February 5, 2012, taken cognisance of the offences allegedly committed by the accused. He subsequently withdrew his petition.

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