The Supreme Courtroom Monday deferred its verdict on former Karnataka chief minister B S Yediyurappa’s attraction in opposition to prosecution in a land denotification case, citing judicial ‘propriety’. The courtroom famous that the matter concerned authorized questions already into account by a bigger bench in a distinct case and tagged Yediyurappa’s plea to that case.
The bench of Justices J B Pardiwala and Manoj Misra was contemplating Yediyurappa’s attraction that raised the query of the necessity for prior sanction beneath Part 17A of the Prevention of Corruption Act to prosecute public servants.
The bench, which reserved its judgement within the batch of issues on April 10, stated Monday that whereas drafting the judgement, it famous that one other two-judge bench had handled the exact same query in a case titled Shamin Khan vs. Debashish Chakrabarty and Ors. The bench shunned deciding the case because it was of the view that the reference pending since 2018 must be determined first.
“After we had been about to start out engaged on it, we realised that there’s each other order handed by a coordinate bench that’s of April 16, 2024…Shamim Khan versus Debashish Chakrabarty and others, the exact same points at the moment are once more referred to the bigger bench. So we felt that propriety calls for (that this too be referred to the bigger bench). Subsequently, now we have stated this,” stated Justice Pardiwala.
“So far as sustaining judicial self-discipline, the coordinate bench of this courtroom has shunned continuing additional in deciding the underlying subject, which is beneath reference to a bigger bench. We deem it applicable to tag these petitions with the referred matter Manju Surana versus Sunil Arora and others. Registry directed to put these issues earlier than the honorable chief justice of India for applicable honors,” Justice Pardiwala stated, studying from Monday’s order.
He added, “on this order additionally, now we have formulated the problems.”
Senior advocate Siddharth Luthra, who appeared for Yediyurappa, stated, “It’s our lapse that we didn’t level this (pending bigger reference) out. Extraordinarily sorry.”
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The case pertains to allegations that Yediyurappa, as deputy chief minister in 2006, denotified land acquired by the Karnataka Industrial Space Growth Board in Bengaluru North taluk to arrange a {hardware} park, thereby inflicting a loss to the state exchequer.
A trial courtroom dismissed the grievance in opposition to Yediyurappa after which minister for giant and medium-scale industries Katta Subramanya Naidu. However the Karnataka Excessive Courtroom in 2021 put aside the trial courtroom order and directed the decrease courtroom to take cognisance of the costs in opposition to them. Yediyurappa subsequently approached the Supreme Courtroom, difficult the excessive courtroom order.
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