Expedite Ayukta case against B S Yeddyurappa: Supreme Court to Karnataka HC
New Delhi: The Supreme Court on Monday asked the Karnataka High Court to dispose of a batch of petitions filed by former Chief Minister B.S. Yeddyurappa and others challenging the Lokayukta probe against them.
Giving the direction, a bench of Justices J. Chelameswar and A.M. Sapre disposed of the appeal filed by Karnataka, challenging the stay granted by the High Court against the probe. The bench recorded the submissions of senior counsel K.V. Viswanathan for Mr Yeddyurappa that final hearing on the petitions had almost been completed and had been posted for arguments on December 16 on behalf of the Comptroller and Auditor General. The bench gave liberty to the state to approach the apex court if there is any delay in deciding the petitions by the High Court.
Senior counsel Vikas Singh for Karnataka urged the bench to vacate the interim stay, pointing out that the probe had been stalled because of the High Court order. He argued that the High Court order of interim stay is contrary to the law laid down by the Apex court in matter arising out of Prevention of corruption act. He said “ Section 19 (3) of the PC Act, specifically prohibited any court from granting any interim orders and the High Court had committed a grave error by staying the probe in these three cases.
The cases related to de-notification of land in Halagevaderahalli village acquired by Bangalore Development Authority for formation of Banashankari stage 5. Acting on petitions filed by Mr. Yeddyurappathat the report of the CAG cannot be the basis for ordering a probe, the HC had stayed the investigation.
The SLP raised important questions of law, viz whether the HC was justified in staying the proceedings under the PC Act when there is a specific bar to this effect; whether the HC was justified in virtually stalling the probe in a corruption case without considering the objections raised by the public prosecutor. The SLP sought quashing of the impugned order and an interim stay of its operation.
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