On Monday, the Supreme Court stayed a Karnataka High Court order restoring a corruption complaint filed by a private investor against Chief Minister B.S. Yediyurappa in connection with a housing project proposal for middle and low income groups on 26 acres in Bengaluru.
In January, the Supreme Court had protected Mr. Yediyurappa from arrest on the basis of the complaint by A. Alam Pasha, alleging that the project was devised and suddenly withdrawn in 2011 to make “illegal monetary gain”.
Mr. Pasha’s infrastructure development company had applied for the ₹600 crore project before it was withdrawn.
Prior sanction
In January, Mr. Yediyurappa had raised the question of law as to whether “a court can proceed under Prevention of Corruption Act against a public servant without prior sanction on the ground that he had allegedly demitted office which he was alleged to have abused”.
Further, the complaint alleged that the 26 acres was carved out of 4,500 acres in the Hardware Park, IT Park and Aerospace at Devanahalli Industrial Area. The original owners were ignored and ineligible claimants were paid during the acquisition.
Subsequently, the Special Judge had ordered an investigation by the Lokayukta in May 2012. In June 2013, the Special Judge took cognisance of the chargesheet and registered a case of corruption and issued summons to Mr. Yediyurappa and the others.
In October 2013, the High Court quashed the case for lack of previous sanction for prosecution of public servants.
Two months later, in December 2012, Mr. Pasha had filed another complaint on the same allegations. This time the Special Judge dismissed the complaint for lack of prior sanction. Following this, Mr. Pasha had moved the High Court against the dismissal to win a favourable order on January 5 this year.
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