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Corruption Case Against Karnataka CM, Denied Quashing By The High Court Of Karnataka
The High Court of Karnataka, vide order dated December 22, 2020, in the case of Shri. B.S Yeddyurappa v. The State of Karnataka and Another has denied the quashing of a criminal case filed against the Karnataka Chief Minister, Mr. Yeddyurappa with regards to alleged offenses committed under the Prevention of Corruption Act, 1988. The case was specifically filed on allegations of certain land de- notifications activities as well as selective allotment of the same, purported to have been committed by Mr. Yeddyurappa during his brief stint as Deputy CM of Karnataka in the span ranging from February 2006 up until October 2007.
The case was initiated on a private complaint filed by one Mr. Vasudeva Reddy under Section 200 of the Code of Criminal Procedure, 1973 against Mr. Yeddyurappa. Subsequently, the Lokayukta Police of the State lodged a First Information Report on December 21, 2015, for alleged commission of an offense under Section 13(1)(d) read with Section 13(2) of the 1988 Act for criminal misconduct by a public servant during the course of his public office.
The Single Judge Bench of Justice Michael D’Cunha reprimanded the Police authorities for its slow-paced investigation into the matter, which in his opinion, considering the situation surrounding the matter, was being done on purpose. The Bench went on to remark that the Lokayukta Police, being an impartial and independent organization, ought to carry on its statutorily vested duties without any preconceived biases. The Police is duty-bound to carry on its functions without appearing to operate in the favor of politicians.
Since in the instant matter, the Lokayukta Police was yet to complete its investigation, the Bench observed that it would abstain from passing any orders adverse to the investigative agency so as to prevent any situation of detriment to the ongoing investigation. Nonetheless, the Bench chided the Police for its lack of seriousness in conducting the investigation Into the matter and directed the Lokayukta Court to supervise the investigations commanded by Criminal courts with regards to ongoing criminal cases alleged to have been committed by bureaucrats as well as legislators.
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