High Court sets aside sanction to prosecute Yeddyurappa

[email protected] (CD Network)
November 24, 2015

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Bengaluru, Nov 25: In a temporary breather to Bharatiya Janata Party national vice-president and former Chief Minister B.S. Yeddyurappa, the High Court of Karnataka on Tuesday set aside the sanction granted by the then Governor in 2011 for prosecuting him on the charge of alleged illegal denotification of acquired lands and allotment of site in favour of his son.

However, the Bench remitted the matter back to the present Governor for reconsideration of the plea, made by two advocates Sirajin Basha and K.N. Balaraj for grant of sanction for prosecuting Mr. Yeddyurappa, while asking the Governor to consider the matter based on the observations made in the verdict.

A Division Bench comprising acting Chief Justice Subhro Kamal Mukherjee and Justice Vineet Saran delivered the verdict while partly allowing a petition filed by Mr. Yeddyurappa, who had questioned the legality of the sanction for prosecution granted by the then Governor H.R. Bhardwaj on January 21, 2011.

“We have carefully gone through the order of sanction. With respect, the [then] Governor has quoted the complaint in detail in his order of sanction; virtually, there is no finding as to why he has accorded sanction in favour of the prosecution,” the Bench said.

Also, the Bench found that “there is no discussion [in order of sanction] as to why he [then Governor] was according sanction when his Council of Ministers had already appointed on December 22, 2010, Hon’ble Justice B. Padmaraj as one-man Commission to look into various irregularities in denotification of lands.”

Though the Governor was free to differ from his Council of Ministers, the Bench found that no reason was mentioned as to why the then Governor had not accepted the opinion expressed by the then State Cabinet through a resolution rejecting the sanction for Mr. Yeddyurappa’s prosecution. Also, the Bench found that the then Governor had not even referred to the letter, written by Mr. Yeddyurappa on January 19, 2011, informing the Governor on the opinion of the Cabinet.

The Bench said categorically that “…on perusal of the record, we are of the opinion that as the complaint was a private complaint, great care, caution and proper application of mind was necessary, particularly having regard to the uneasy relationship between the then Chief Minister [Yeddyurappa] and the then Governor [Bhardwaj].”

“Non-consideration of relevant matters made the order of sanction illegal and resulted in failure of justice. We are thus of the opinion that the exercise of power by the [then] Governor was not in accordance with the well-settled principles for sanctioning prosecution,” the Bench held.

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News Network
March 19,2024

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Bengaluru, Mar 19: Former Karnataka Chief Minister Basavaraj Bommai on Monday said that the Congress will split in three months after the upcoming Lok Sabha polls and its impact will be visible on the Siddaramaiah-led state government.

"Due to internal squabbles, the state government will not last long," the BJP leader said.

Talking to reporters on Monday, he said the sitting MP from the Gadag-Haveri constituency, Shivakumar Udasi, has done a lot of development work and implemented the Central government's schemes effectively.

"Prime Minister Narendra Modi will surely become the PM for the third time. The overall response has been good in the Gadag-Haveri Lok Sabha constituency," the former Karnataka chief minister said.

Asked if he was contesting the election in a half-hearted manner in the Gadag-Haveri seat, Bommai said "such a question does not arise when the party's high command gives instructions".

He said he would respect his opponent and not take anyone lightly. 

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News Network
March 17,2024

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Beltangady, Mar 17: A three-year-old boy was crushed to death under the wheels of an auto-rickshaw in front of his house at Panakaje Mundadi in Belthangady taluk of Dakshina Kannada. 

The gut-wrenching tragedy took place on Saturday, March 16 morning when the boy ran out of home to the road. 

The victim has been identified as Kaushik, the son of Chandrashekhar and Usha couple. Their home is situated adjacent to the main road at Panakaje.

It is learnt that the auto-rickshaw failed to notice the boy who suddenly darted towards the road and hit him. 

Even though the injured boy was rushed to a private hospital in Ujire and later to Mangaluru, he breathed his last. 

The Beltangady traffic police have registered a case in connection with the incident.

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News Network
March 26,2024

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Mangaluru: Officials from Cyber Economic and Narcotics Crime Police Station in Mangaluru have arrested a man for allegedly engaging in an online fraud by deceiving a person on the pretext of offering a part-time job. The arrested is Saddam Gauri alias Bavuri, 30, from Rajasthan.

City police commissioner Anupam Agrawal said the CEN police received a complaint regarding an online scam related to a part-time job offer.

Police registered a case under sections 66(C) and 66(D) of the IT Act, along with IPC Section 420. The complainant had received a link via WhatsApp from an unknown number, purportedly offering a part-time job opportunity.

Upon clicking the link, the complainant was instructed to complete certain tasks to earn money. However, during the process, the complainant incurred a loss of Rs 1.1 lakh.

Following an investigation into the matter, the CEN police successfully arrested the suspect and presented him before the court. In the course of arrest, police seized two mobile phones, eight debit cards, four bank cheque books, Aadhaar card, PAN card, and other relevant documents from the accused.

The arrest was made possible through the efforts of CEN station inspector Shyam Sundar and his team, under the guidance of City Crime Records Bureau (CCRB) ACP Ravish Nayak and DCP Siddharth Goyal.

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