JOIN USKarnataka HC rejects PIL seeking probe against BSY, son
The Karnataka High Court on Saturday declined to entertain as PIL the petition filed by social activist T J Abraham challenging the order of the trial court dismissing his private complaint.
The petitioner had sought for a court-monitored SIT investigation or directing the Central Bureau of Investigation (CBI) to probe into the allegations of corruption against former Chief Minister B S Yediyurappa, his son B Y Vijayendra and others.
Appearing on behalf of the petitioner, senior counsel Meenakshi Arora submitted that the complaint filed by the petitioner with the Anti Corruption Bureau (ACB) was not acted upon and the private complaint filed was subsequently dismissed by the special court.
The trial court had dismissed the complaint on the ground that there is no valid sanction as the governor has rejected the prosecution sanction request submitted by the complainant.
A division bench headed by Chief Justice Abhay Shreeniwas Oka, pointed out that there is no FIR registered in the first place to refer the matter to any agency as sought by the petitioner. “The petitioner himself has filed a complaint hence this writ petition cannot be treated as a petition in PIL. The registry shall re-categorise this petition under the appropriate category and posted appropriately,” the court said.
On July 8, 2021, a special court, dealing with the criminal cases against the elected representatives, had rejected the private complaint against Yediyurappa and others. In his complaint, Abraham had alleged payment of a bribe in connection with a housing project of Bangalore Development Authority (BDA) and alleged collection of bribe amount by the family members of the then chief minister Yediyurappa.