From Our Bureau
NEW DELHI: The Supreme Court on Friday stayed the proceedings against former Karnataka Chief Minister B.S. Yediyurappa in a corruption complaint and issued notice to Abraham T J, a complainant in the case.
“Stay further proceedings as far as the petitioner is concerned,” said a bench of justices DY Chandrachud and Hima Kohli.
Yediyurappa has challenged the Karnataka High Court order which restored a bribery complaint filed against him and 8 others, including his son, under the Prevention of Corruption Act
He was represented by Senior Advocates Mukul Rohatgi and Siddharth Dave.
The Karnataka High Court had on September 7 restored the bribery complaint against Yediyurappa, his son B Y Vijayendra and seven others. Karnataka HC order had come on the complainant by T J Abraham, 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.
It said the High Court 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 vast nature of the extent of the protection sought to be granted to a Public Servant by Parliament during any stage of a criminal trial or investigation.
While passing the impugned judgment, 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.
It said 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, more so without valid reasoning.
According to the complaint, Yediyurappa had used his influence in obtaining contracts in Government Departments, to release funds from the Government Departments, and expedite and speed up the file clearances in various Government Departments where the Company Ramalingam Construction has dealings with.
