On Wednesday the Supreme Court admitted a Special Leave Petition filed by BS Yediyurappa (Karnataka Chief Minister) and Murugesh Nirani (Former State Industries Minister) against the order of Karnataka High Court which allowed the restoration of a criminal case against them in the alleged land de-notification case.
The Karnataka High Court had refused quashing of an FIR against Yediyurappa and also put on him a cost of Rs. 25,000.
In his plea he submitted “by virtue of the impugned Judgement, the Hon’ble High Court erroneously set aside the aforesaid Order only on the ground that the Petitioner had demitted the Office which had allegedly been abused by him at the time of commission of the alleged Offence and therefore no sanction was necessary to be obtained. The same is contrary to the settled law laid down by this Hon’ble Court in a catena of judgements as well as the provisions of the amended PC Act.”
The petitioner also submitted the Section 19 of Prevention of Corruption (Amendment) Act, 2018 which offers protection to the public servants and contended that on this ground the impugned judgement ought to be set aside. A reference to Section 197 of CrPC was also made, according to which a prior sanction is needed for the prosecution of judges and public servants. Another reference was made to the intention of Parliament in offering protection to public servants by insertion of Section 17A in the PC Act.
A bench led by CJI Bobde stayed the arrest of Yediyurappa.