Karnataka moves SC over cases against Yeddyurappa

New Delhi, Apr 23: The Karnataka government on Friday approached the Supreme Court challenging the High Court's order quashing as many as 15 first information reports (FIRs) against former chief minister and BJP leader B S Yeddyurappa by the Lokayukta relating to denotification of land.

Seeking immediate stay of the High Court's January 5 order, the Karnataka government contended that there would be “enormous loss” to the state exchequer as the ongoing investigation was on the basis of materials and did not solely rely on the findings of the Comptroller and Auditor General report.

Allowing a batch of 15 petitions, the High Court's single judge had held the CAG report could not be the basis for registration of FIRs relating to denotification of land acquired by the Bangalore Development Authority in Bilekahalli, Halagavaderahalli, JB Kaval and other places in Bengaluru city when Yeddyurappa was the chief minister.

“The police attached to the Karnataka Lokayukta are authorised to investigate the offences by virtue of a notification issued under Section 17 of the Prevention of Corruption Act, 1988. There is no restriction on the source of information disclosing a cognisable offence,” the petition filed by advocate Joseph Aristotle on behalf of the state government stated.

The High Court failed to appreciate that the FIRs were registered after a thorough enquiry conducted by the Criminal Investigation Department.

“Even otherwise, there is no constitutional or statutory bar to base reliance on the CAG report if subsequent investigation reveals commission of cognisable offence,” the petition asserted. Section 14 of the Karnataka Lokayukta Act empowered the Lokayukta and the Upa Lokayukta to pass order for initiation of the prosecution of public servant, if he has committed any criminal offence, and may direct an investigating agency to conduct a probe, it contended.

The state government also relied upon the apex court's judgment in the CPIL vs UoI (2011) directions issued to the CBI for thorough and impartial investigation into the findings recorded by the CAG and the Central Vigilance Commission.