Can rely on CAG reports to act on BSY, Karnataka tells SC

New Delhi, Nov 16: The Karnataka government on Tuesday told the Supreme Court that reports of the Comptroller and Auditor (CAG) can be relied upon for initiating action for cognisable offence against former chief minister B S Yeddyurappa.

The action is with regard to cases related to denotification of land. The state government countered the senior BJP leader's contention that the registration of 15 FIRs on the direction of the Lokayukta on the basis of CAG reports, which are in public domain, was “completely misplaced”.

The government submitted that right from fodder scam of Bihar, to 2G, coal and CWG scams, there were instances where action was taken resulting in charge sheets and conviction based on such reports.

On Friday, a Supreme Court judge recused from hearing the Karnataka government's plea against quashing of 15 FIRs against Yeddyurappa. A bench presided over by Justice A K Sikri put the matter for further consideration in the second week of January after Justice L Nageswara Rao, another judge on the bench, withdrew himself from the case.

In its rejoinder affidavit, the state government, through advocate Joseph Aristotle, submitted that there was no justification in law to terminate the proceedings against the former chief minister.

“Allegations made in the FIRs constituted offences that are to be investigated and there are no grounds or legal bar pleaded to invoke the power under 482 (for quashing) of the Criminal Procedure Code,” it said.

In the instant case, the Lokayukta sought reports from the CID and sent them to the superintendent of police (SP) for necessary action. Since the Lokayukta and Upa Lokayukta have no power to investigate the offences disclosed in CID reports under the Karnataka Lokayukta Act, 1984, the memo was issued by the SP, Lokayukta, to register the cases based on the CID reports. “Hence, claims over registration of cases solely on the CAG report, are false,” the rejoinder affidavit asserted.

In an affidavit, the BJP MP had said, “The CAG report cannot be the sole basis for registration of the FIR. Since the reports (2010-11 and 2012) submitted to the Governor on November 21, 2012, are in the process of consideration of the Public Accounts Committee (PAC), no other authority can act upon the said reports.” Karnataka has challenged before the apex court the high court's order of January 5, whereby 15 FIRs against Yeddyurappa were quashed.