The Central Bureau of Investigation (CBI) has opposed a plea by Karnataka’s former chief minister B S Yeddyurappa for discharge from charges of corruption in a bribery case that was charge sheeted by the CBI in 2012.
The CBI on Saturday filed objections to a plea which was filed in a special CBI court by Yeddyurappa for discharge from the corruption case filed against him by the agency. Yeddyurappa had last month sought discharge from a Rs 40 crore bribery and corruption case on the grounds that the CBI had not obtained government sanction prior to filing of the chargesheet in 2012.
The CBI in its objections to the plea on Saturday stated that the agency did not require a sanction under section 197 of the Criminal Procedure Code to prosecute Yeddyurappa since at the time of taking cognizance of the case Yeddyurappa was no longer a public servant after having demitted charge as chief minister in 2011.
The CBI in its objections also stated that Yeddyurappa had been charged under sections of the Indian Penal Code and the Prevention of Corruption Act. The agency said that several recent Supreme Court orders had clarified that no sanction was required for the prosecution of government servants accused under the Prevention of Corruption Act.
The section 197 of the CrPC mandates that a public servant “accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty no court shall take cognizance of such offence except with previous sanction”.
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Advocates appearing for Yeddyurappa told the special CBI court on Saturday that the former chief minister had filed a special leave petition in the Supreme Court recently for the quashing of the CBI chargesheet in the bribery allegations against him.
The CBI on Oct 16, 2012 charge sheeted B S Yeddyurappa, his two sons, a son-in-law, the steel major JSW Steel and four Bellary based JSW affiliates for criminal conspiracy, cheating, forgery and corruption in a case relating to the payment of Rs 40 crore as bribes to Yeddyurappa’s family and a family trust for iron ore mining favors in the year 2010 when Yeddyurappa was chief minister.
The CBI took up the case against Yeddyurappa on the directive of the Supreme Court to investigate allegations that bribes were received by Yeddyurappa’s family members from mining affiliates of the steel major JSW. The CBI registered a case against Yeddyurappa and others on May 15, 2012.
The matter in the CBI special court has been posted to August 5.