SC questions closing of the corruption case against BSY, DKS
New Delhi: The Supreme Court on Friday questioned the closing of a matter wherein B S Yeddyurappa as Karnataka chief minister, was accused of helping senior Congress leader D K Shivakumar with denotification of land in Bengaluru in 2010.
“How can it be done behind the back,” a bench of Justices Arun Mishra and M R Shah asked, even as senior advocate Mukul Rohatgi, appearing for Yeddyurappa, and A M Singhvi, representing Shivakumar, contended the case cannot be re-opened at the instance of an intervenor whose implaeadment in the matter was not allowed.
“Any person can come in the corruption case,” the bench further observed, as advocate Prashant Bhushan, appearing for S R Hiremath, president of ‘Samaj Parivartna Samudaya’, submitted, “We intervened in 2016 as the prosecution by Lokayukta did not proceed in the case.”
Rohatgi, however, submitted the special leave petition has been withdrawn. This application for revival is by an intervenor who has no concern, he said.
Singhvi, for his part, also submitted that it was a private complaint, HC had quashed it. “How can intervenor be allowed to reopen it, even notice was not issued,” he asked.
The court again observed that the propriety demands that it can’t be closed like this.
After hearing the matter for a while, the court adjourned it, saying, “we will hear some other day”.
Hiremath, president of ‘Samaj Parivartna Samudaya’, has sought to recall the order of February 21, this year whereby the petition filed by Kabbalegowda was “dismissed as withdrawn” by mentioning of the matter.
First complainant T J Abraham had already withdrawn his petition, the second complainant, Kabbalegowda also followed suit.
Bhushan had earlier alleged the present Lokayukta (Justice P Vishwanatha Shetty) who had appeared for the accused before the apex court, had preferred not to challenge the order quashing the criminal case.
In his application, the intervenor contended that the complainant might be compromised but the complaint was not.
The issue related to the denotification of 4.20 acre of land allegedly in contravention of the Karnataka Restriction of Transfer of Land Act, 1991 and in violation of the Prevention of Corruption Act and Indian Penal Code.
In a special leave petition, Kabbalegowda, a social worker from Ramanagaram district, has challenged the Karnataka HC’s order of December 18, 2015, quashing the proceedings initiated against the leaders as well as Hamed Ali, then working sub-registrar at Bengaluru South Taluk, and others. The trial court had on February 5, 2012, taken cognisance of the offences allegedly committed by the accused. He subsequently withdrew his petition.