SC extends interim order on stay on proceedings against former Karnataka CM Yediyurappa in corruption complaint
Oct 31, 2022
New Delhi [India], October 31 : The Supreme Court on Monday extended its interim order on stay on proceedings against former Karnataka Chief Minister BS Yediyurappa in a corruption complaint till further orders.
The court also asked that the State of Karnataka be impleaded as a party in the matter.
A bench of justices DY Chandrachud and Hima Kohli directed that notice be served to the newly impleaded party, State of Karnataka.
Meanwhile, the court said that the interim order was extended till further orders.
The earlier top court stayed the proceedings against former Karnataka Chief Minister B S Yediyurappa in a corruption complaint.
Former Karnataka Chief Minister B S Yediyurappa has challenged the Karnataka High Court order which restored a bribery complaint filed against him and others under the Prevention of Corruption Act
Yediyurappa's petition was filed by advocate-on-record Kush Chaturvedi.
Karnataka High Court on September 7 restored the bribery complaint against former chief minister B S Yediyurappa, his son B Y Vijayendra and others. Karnataka HC order had come on the complainant T J Abraham's plea challenging a lower court order.
"The High Court also erred in holding that the statutory protection granted to public servants under Section 17A of the Prevention of Corruption Act, 1988 would not be an embargo on the power of the Ld. Magistrate/ Special Court to order investigation under Section 156(3)," the plea said
"That the High failed to appreciate that Section 17A of the PC Act is cast in mandatory terms and the usage of words "enquiry, inquiry or investigation" in the aforesaid Section is indicative of the vast nature of the extent of the protection sought to be granted to a Public Servant by the Parliament during any stage of a criminal trial or investigation," the plea said
Whilst passing the impugned Judgement, the High Court erroneously directed the rejection of the sanction (sought by the Respondent No. 1/ Complainant) by the Governor ought to have been "ignored", the plea said.
The plea further added that the High Court ought not to have passed the direction in the face of an Order passed by a high Constitutional Authority such as the Governor, moreso without valid reasoning.
According to the complaint, Yediyurappa used his influence in obtaining contracts in Government Departments, releasing funds from the Government Departments, and expediting and speeding up the file clearances/ movements in various Government Departments where the Company Ramalingam Construction has dealings with.
