The charges against Yeddyurappa and his defense

The decision of the CBI court has cleared the path for Yeddyurappa to fully assert his claim as the BJP’s chief ministerial candidate for the 2018 state assembly polls.

Written by Johnson T A | Updated: October 26, 2016 3:37 pm
B S Yeddyurappa, yeddyurappa, yeddyurappa acquited, former karnataka CM acquited, yeddyurappa corruption charges, former karnataka chief minister, former karnataka CM, BJP state presiedent, karnataka BJP president, CBI court, CBI charges, india news, indian express The CBI case was registered against Yeddyurappa following a plea filed by an NGO against widespread illegal mining activities in Karnataka in the 2008-2010 period. (Source: PTI/File photo)

A special CBI court in Bengaluru has acquitted former Karnataka chief minister and state BJP president B S Yeddyurappa and 12 others on charges of corruption, criminal conspiracy, cheating and forgery, in connection with a corruption case where Yeddyurappa’s family and a family trust received Rs 40 crore from affiliates of the steel company, JSW Steel, during Yeddyurappa’s tenure as BJP’s first chief minister in Karnataka between 2008-2011.

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The decision of the CBI court has cleared the path for Yeddyurappa to fully assert his claim as the BJP’s chief ministerial candidate for the 2018 state assembly polls. The BJP national leadership has already declared the Lingayat leader as its 2018 chief minister candidate.

The CBI case is one of the last pending corruption cases against the former chief minister who was arrested in 2010 by the Lokayukta police in Karnataka in connection with a mining related corruption case. Yeddyurappa spent 23 days in jail at the time. He was forced to resign as chief minister in 2010 after a Lokayukta report on illegal mining named him as one of the guilty parties.

The Lokayukta cases were subsequently quashed by the higher courts on various grounds, including the fact that sanctions granted for Yeddyurappa’s prosecution were not in order.

The CBI case was registered against Yeddyurappa and others at the instance of the Supreme Court following a plea filed by an NGO the Samaj Parivartan Samudaya against widespread illegal mining activities in Karnataka in the 2008-2010 period. The CBI’s case was considered to be strong.

On the surface of it the CBI court has ignored the obvious conflict of interest that was involved in the receipt of Rs 20 crore by the Prerana Educational Trust run by Yeddyurappa’s sons B Y Raghavendra and B Y Vijayendra from JSW Steel affiliates and an additional Rs 20 crore in the individual bank accounts of the sons and a son-in-law in 2010 when Yeddyurappa was the chief minister. Conflict of interest is not a crime in the Indian legal context.

The charges that the CBI brought against Yeddyurappa and others, including senior officials of JSW Steel, with substantial documentary evidence, was that Yeddyurappa misused his position as CM for personal profit by taking administrative decisions favouring the steel firm.

Yeddyurappa was alleged to have imposed a ban on export of iron ore, waived recoveries to the tune of Rs 877 crore from a JSW joint venture with a government firm, and reduced the cost of iron ore sourced from a government owned mine to favour JSW Steel.

In return, the CBI alleged, that a trust run by Yeddyurappa’s family received donations to the tune of Rs 20 crore from JSW Steel affiliates. Out of this amount Rs 6 crore was transferred to a trust where Yeddyurappa himself was a trustee.

The CBI also alleged that Yeddyurappa’s family received an additional Rs 20 crore from JSW Steel affiliates by selling a one-acre piece of land in Bengaluru, valued at Rs 5.22 crore for an inflated price of Rs 20 crore. The land itself was obtained at a throwaway price by Yeddyurappa’s sons after it was illegally released from government control at the instance of the chief minister, the CBI had alleged.

Though Yeddyurappa and others did not deny the receipt of Rs 20 crore from JSW Steel affiliates during Yeddyurappa’s tenure as chief minister, they argued that the funds transferred to the Prerana Educational Trust was a pure donation and that no favors were granted in return. Any decision taken by Yeddyurappa as chief minister was a collective decision of his government, it was argued.

Decisions like the ban on export of iron ore in July 2010, the reduction of premium on government supplies of iron ore were administrative decisions taken in the context of the prevailing situation in the state at the time and not intended to favour anyone, Yeddyurappa’s lawyers argued.

The alleged government land acquired by his sons and sold for Rs 20 crore had already been notified for release by previous governments in Karnataka, it was argued. The price of Rs 20 crore was the going rate in the region in 2010 and the Rs 5.2 crore claimed by the CBI was only a guidance value, Yeddyurappa’s advocates argued.

The last word on the matter may, however, be still pending since the Samaj Parivartana Samudaya has indicated that it will file an appeal against the CBI court order.

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First Published on: October 26, 2016 2:48 pm
  1. B
    Oct 26, 2016 at 11:30 am
    No politician is ever guilty. So grin and bear it.
    1. G
      Oct 26, 2016 at 2:49 pm
      What a farce. Mockery of judiciary. A politician can be a crook, a murderer, a criminal and yet get away with all this. Happens all the time in India. No wonder India is still backward.
      1. I
        IML sood
        Oct 26, 2016 at 2:00 pm
        These morons do not have any faith in judiciary typically like Aaptards,if judgement comes in their favour judiciary is fair and in reverse case judiciary is corrupt. This selfishness comes from those whose faces stand blackened by levelling false charges and get defeat in return.Do like Khujli they not spent lot of money and power to prove their false charges but truth always wins.These Cong.,Aaptards are only flop and their ranting has no effect.
        1. A
          Oct 26, 2016 at 11:42 am
          Hum public subchor hain yeh dhood ke dhule hain
          1. S
            Sudhip Kumar
            Oct 26, 2016 at 11:54 am
            There should be an appeal if all allegations remain..
            1. A
              abdul hameed
              Oct 26, 2016 at 11:31 am
              Indian judiciary became mockery
              1. A
                Oct 26, 2016 at 9:40 am
                Any decision taken by dyurappa as chief minister was a collective decision of his government, it was argued.So it is Alibaba and 40 tyhieves decesion
                1. K
                  Oct 26, 2016 at 12:54 pm
                  The CBI has become the Corruption Bureau of India, they have proved that any case given to them can be destro, why did JSW steel not give this 40 crores to any renowned charity that does work that can be evaluated and accounted for? Modi will have to take a second look at such levels of corruption, especially if he wants us to believe in the Mr.Clean image.
                  1. P
                    Pradeep Shetty
                    Oct 26, 2016 at 2:58 pm
                    Some thing stinks bad here!
                    1. D
                      Dev Verma
                      Oct 26, 2016 at 1:33 pm
                      simple word for people like
                      1. D
                        dillip tripathy
                        Oct 26, 2016 at 5:17 pm
                        Very good judgement. Keep it folk. Na Khaunga, Na Khane Dunga
                        1. F
                          Oct 26, 2016 at 10:45 am
                          All robbers and looters of the country in partnership with Industrialist and the police, CBI and judiciary. Whom else you can go and complaint. This current state of our country.
                          1. H
                            Oct 26, 2016 at 11:20 am
                            Just ask yourself these;br/gt;lt;br/gt;When was the Trust formed and who were its donors,Other than;br/gt;lt;br/gt;What was the amount they donated and did any donation have a connection with Land allotment or Lease;br/gt;lt;br/gt;Was the member of the Trust holding any position to take a decision regarding the donor in his capacity as a Public;br/gt;lt;br/gt;Till date what is the Quantum of donations made after the Accused demitted his;br/gt;lt;br/gt;What for are the donations used,for charity or commercial use or used to pay for Expenses of the Members of the;br/gt;lt;br/gt;Has the said Trust been filing IT returns till;br/gt;lt;br/gt;If the Trust money has been used to pay ries or expenses of the Members or to buy Cars or property for profit or finance the ventures of the;br/gt;lt;br/gt;The prosecution could have done this,but when you dont make a serious effort what do you expect the Judges;br/gt;lt;br/gt;If all these were raised in arguements and not;br/gt;lt;br/gt;Then Jagan Reddy,Mayas brother,Dushyant Singh,Sharma and Teesta are all;br/gt;lt;br/gt;The implications arnt Good but if at all anyone challenges it and argues using all the material it will be over;br/gt;lt;br/gt;Lets be clear BSY is much better Politician of the BJP than Ananth Kumar/Eshwarappa/Katta/Sadanand or Ashok.
                            1. J
                              Oct 26, 2016 at 1:54 pm
                              All hindus are not th ief but all th ief are hindu
                              1. J
                                Oct 26, 2016 at 11:36 am
                                2.5 crore cash found from Yaddi lawyer 3 days back. Today Yaddi is free.ANyone can guess what happened?
                                1. A
                                  Oct 26, 2016 at 9:46 am
                                  Ha ha ha ha.. Indian Judiciary is a joke
                                  1. R
                                    Oct 26, 2016 at 1:34 pm
                                    Nitin Gadkari, Jayalalitha, yurappa, and who is next ? Many more
                                    1. K
                                      Oct 26, 2016 at 5:38 pm
                                      " However good a consution may be, it is sure turn out bad because those who are called to work it, happen to be bad lot. However bad a consution may be, it may turn out to be good if those who are called to work it, happen to be good lot. "____BR Ambedkar
                                      1. K
                                        Oct 27, 2016 at 8:52 am
                                        Asatyamev Jayte !
                                        1. K
                                          Oct 26, 2016 at 10:29 am
                                          In india all are honest. politicians ,bueuroacrates serving the public even sacrifycing their properties.Why should there be cases and in due course all are aqiuitted.That is why country is progressing leaps and bound.
                                          1. R
                                            Oct 26, 2016 at 11:27 am
                                            The person given judgement is future chief justic of india or Governer or any top post.
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