Shivaram Karanth layout row: Karnataka HC stays probe against Yeddyurappa

BENGALURU: The Karnataka high court on Friday granted interim relief to former chief minister BS Yeddyurappa by ordering stay on the investigation as well further proceedings in both the FIRs registered against him by the

Anti Corruption Bureau

in relation to the Shivaram Karanath layout controversy.

Justice

Aravind Kumar

, who dictated the order for close to seven hours spread over two days negated all the contentions raised by the Anti-Cirruption Bureau (ACB) regarding the four issues framed by the court.

The ACB’s contentions, put forward through senior advocate and former Advocate General Prof Raviverma Kumar regarding maintainability of the petition, the bar under section 19 of the Prevention of Corruption Act, 1988 vis-à-vis interference by courts and the contention that the second FIR registered by the agency on August 17, a week after the registration of the first FIR is distinct, independent from the first one was rejected.

The court has also refused to accept ACBs contention that the implementation of the 3500 odd acre project got frustrated and had to be abandoned because of Yeddyurappa's orders for deleting 257.20 acres from acquisition

The court has also observed that both the instances mentioned in the two FIRs form part of the very same complaint submitted by the complainant on June 6 in relation to the very same Dr

Shivarama Karanth

project and the orders asking the BDA not to include lands mentioned in those instances were issued by the petitioner(Yeddyurappa) in both the instances which form part of 20 such instances mentioned in the complaint.

Citing Apex court’s dictum, the court has observed that the ACB can’t be allowed to go on a roving probe in snail pace as the Station House Diary submitted to the court indicates that there is an inexplicable delay of nine weeks , even beyond the maximum six weeks permissible under special circumstances with reasons for submitting of preliminary enquiry report prior to registering of the first FIR.

Yeddyurappa has challenged the two FIRs( August 10 and 17) registered by the ACB based on a complaint filed by one Dr D Aiyappa under various sections of the Prevention of Corruption act and also sections 406,420 and 120 B of the IPC.

In the complaint submitted on June 6, the complainant had alleged that when

B Yeddyurappa

was the chief minister in 2010, conspired with BDA and urban development department officials to denotify land that was acquired to form the Dr K Shivaram Karanth layout, thereby causing a huge loss to the public authority.