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SC stands on Karnataka HC order to re-establish corruption complaint against Yediyurappa




The applicant claimed that a project proposal for housing on 26 hectares in Bengaluru had been drafted and was suddenly withdrawn in 2011 to make illegal monetary gains.

The Supreme Court on Monday upheld an order from the Karnataka Supreme Court to reinstate a corruption complaint filed by a private investor against Prime Minister BS Yediyurappa over a housing project proposal for middle- and low-income groups in 26 hectares in Bengaluru.

In January, the Supreme Court had defended Mr Yediyurappa from arrest on appeal by A. Alam Pasha, claiming the project had been invented and abruptly withdrawn in 2011 to make illicit monetary gains.

Mr. Pashas the infrastructure development company had applied for the 600 crore project before withdrawing.

Previous sanction

In January, Mr Yediyurappa had raised the issue of the law whether a court could proceed under the Corruption Prevention Act against a public servant without prior sanctions on the grounds that he allegedly disobeyed a position he allegedly abused.

On January 5, 2021, the Supreme Court re-established the appeal filed by Mr. Pasha on the grounds that no sanction of prosecution under the Anti-Corruption Law is necessary after the dismissal or retirement of a public servant. The Supreme Court had ordered that the case be processed in accordance with the law.

The timeline began in April 2012 when Mr. Pasha, who is the managing director of Pash Space International Pvt. Ltd., filed a complaint with Bengaluru Lokayukta accusing Mr Yediyurappa, former Minister of State Industries Murugesh R. Nirani and other senior officials of corruption.

He claimed that a project proposal to build and create valuable homes for the middle- and low-income group, generating jobs for 500 people, was approved by the Yediyurappa government through an announcement in July 2010. Twenty acres in the Devanahalli Industrial Zone in the rural district of Bengaluru designated for the project. The company Mr. Pashas had applied for the project.

However, the outlet dealt with the project in January 2011. Mr Pasha claimed that it was done with an alleged intent to divert the project to another firm in order to have an illicit monetary benefit.

Mr Pasha also claimed that a letter with his signature was forged to show that his company was not interested in the project. Mr Pasha said no such letter had been issued by his company.

The complaint further alleges that 26 acres were excavated from 4,500 acres in the Hardware Park, IT Park and Aerospace in the Devanahalli Industrial Zone. The original owners were ignored and the irresponsible claimants were paid upon purchase.

Subsequently, the special judge had ordered an investigation by Lokayukta in May 2012. In June 2013, the special judge obtained knowledge of the indictment and registered a corruption case and summoned Mr. Yediyurappa and others.

In October 2013, the Supreme Court dismissed the case for lack of previous sanctions for prosecuting public servants.

Two months later, in December 2012, Mr. Pasha filed another complaint on the same charges. This time the Special Judge dismissed the appeal for lack of prior sanction. After that, Mr. Pasha had moved the Supreme Court against dismissal to win a favorable order on January 5 this year.

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