Abraham Thomas, New Delhi
The Supreme Court docket on Friday stayed additional investigation in opposition to former Karnataka chief minister BS Yediyurappa in an alleged bribery case whereas persevering with the probe in opposition to the opposite accused together with the BJP chief’s son.
The order got here on a petition filed by Yediyurappa, who challenged the Karnataka excessive courtroom’s September 7 order restoring a personal criticism filed in opposition to him by social activist Abraham TJ, who accused the previous CM, whereas in workplace, to have obtained a bribe of ₹12.5 crore from a building agency for a Bangalore Growth Authority (BDA) housing venture.
A bench of justices Dhananjaya Y Chandrachud and Hima Kohli issued a discover on Yediyurappa’s petition and sought response from the complainant (Abraham) inside 4 weeks. “There shall be keep of additional proceedings as far as the petitioner is worried,” the bench stated. “We aren’t staying the investigation qua different accused who should not public servants.”
The opposite accused within the case embrace the previous CM’s son BY Vijayendra and a former minister and a bureaucrat amongst others.
The petition was argued by senior advocates Mukul Rohatgi and Siddhartha Dave, who argued that there was no sanction accorded to the complainant for continuing with the criticism. They confirmed {that a} bar operates on the particular courtroom from referring the matter for investigation underneath Part 17A of the Prevention of Corruption Act with out prior sanction.
The excessive courtroom order interpreted this provision to use to police and never in a case the place a courtroom has to order registration of case. “The bar underneath Part 17A of the PC Act would kick in solely post-registration of FIR when the police are required to begin the investigation,” the HC held.
Earlier, a particular CBI courtroom dismissed the criticism on July 8 final 12 months in opposition to which the complainant had carried an attraction within the excessive courtroom.