A Special Court in Bengaluru which was set up with an aim of to investigate the criminal cases against Members of Legislative Assemblies and Members of parliament has recently ordered that a case for criminal misconduct should be registered against former Karnataka Chief Minister BS Yediyurappa for illegal denotification of land inthe city.
Special Judge B Jayantha Kumar said that a prima facie case against the former Chief Minister has been complained by some Vasudeva Reddy who was represented by Advocate KV Dhananjay
Justice B Jayanthakumar said that
“I am of the considered opinion that there are sufficient material to proceed against the accused by registering special criminal case and summoning the accused No.2 for his attendance and give an opportunity to the complainant to establish his allegations against the accused No.2. I am of the considered opinion that there is nothing on record to disbelieve the case of the complainant at this stage. He has made out a prima facie case against the accused for the offence punishable under Sec.13(1)(d) R/w Sec.13(2) of the Prevention of Corruption Act, 1988,”
The complaints were privately filed under Sections 120 (Concealing design to commit offence punishable with imprisonment) 420 (cheating) and 406 (criminal breach of trust) of the Indian Penal Code (IPC) and for offences under Section 13(1)(d) read with Section 13(2) (criminal misconduct by public servant) of the Prevention of Corruption Act, 1988 (PC Act)
The complaint said that BS Yediyurappa has illegally de-notified certain lands alleged that were acquired for the Informational Technology corridor between Whitefield and Electronic City in Bengaluru when he was Deputy Chief Minister.These lands were de-notified without any public interest or public purpose, through an abuse of public office by illegally transferring government property to private persons, it was contended.
It was alleged that Yediyurappa for 15 lands , ordered and secured de-notification in favour of private people through abuse of his office. The proof for the alleged corruption were also presented by the complainant.
The Court also noted that the former Chief Minister was alleged for de-notifying 15 land illegally by receiving representation from the land owners without any basis and against law and therefore committed an offence punishable under Section 13(1)(d) read with Section 13(2) (criminal misconduct by a public servant) of the Prevention of Corruption Act, 1988.
With enough material in hand to proceed against BS Yediyurappa, the court has ordered a criminal case to be registered under section Section 13(1)(d) and Section 13(2) of the Prevention of Corruption Act, 1988, .He has also been issued a summon to be presented before the courtand issued a summons for his attendance before the court.