HC scraps FIR against Yeddyurappa

Mining Scam case * Strikes down the portion of Lokayukta report indicting him

Forced to quit last July after being indicted in a Karnataka Lokayukta report on illegal mining,former chief minister B S Yeddyurappa got some relief on Wednesday with the High Court quashing the portion of the report indicting him,as well as the sanction given for his prosecution by Governor H R Bhardwaj and the FIR filed by the Lokayukta police on August 22 last year.

A bench of Justices K Bhakthavatsalam and K Govindraju quashed the FIR on the grounds that Yeddyurappa had not been given an opportunity to be heard before his indictment and that the Lokayukta had gone beyond its brief in probing deals between Yeddyurappa,his sons and the South West Mining Company,an affiliate of steel major JSW.

Yeddyurappa was forced to resign as the chief minister on July 31,2011 by the BJP after the Lokayukta report on illegal mining recommended his prosecution under the Prevention of Corruption Act,1988.

The Lokayukta had alleged that a trust run by Yeddyurappas sons,the Prerna Trust,received a suspicious donation of Rs 10 crore from an affiliate of JSW Ltd,a steel firm that had applied for a mining lease in the state. The report also called for a probe into sale of an acre of land in Bangalore by Yeddyurappas sons to an affiliate of the steel firm at a cost of Rs 20 crore.

Based on the report of the Lokayukta,the Governor had on August 3,2011 accorded sanction to prosecute Yeddyurappa. On August 20,the Lokayukta cleared the filing of an FIR.

The High Court ruled the Lokayukta had failed to produce any evidence against him during the course of hearings.

Even during the course of arguments a specific question was put to the learned counsel for the Lokayukta to produce any material to connect the petitioner for the alleged offences,but he was mum. Suspicion cannot be a ground to tarnish the image and reputation of a person who is holding a constitutional post, the court said.

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He was condemned unheard. In a nutshell,there is no material placed on record to establish the petitioner has shown any official favour to the companies, Justice Bhaktavatsalam said in his judgment.

The report, the court added, is also not within the scope of reference made to it by the government.

The ruling is the second instance where Yeddyurappa received some sort of clearance. In all,nine corruption cases have been filed against him since last year on the basis of complaints or official reports.

He was arrested on October 15 last year for allegedly releasing government land to members of his family for private sale causing losses to the state exchequer.

Got justice from court

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Relieved by the High Court quashing the FIR against him,B S Yeddyurappa on Wednesday pinned hopes on the BJP central leadership to render justice to him,indicating a renewed bid for chief ministership. Satyameva Jayate. By the blessings of the God and people,I have got justice from court. I always held judiciary in high esteem, Yeddyurappa said before heading off to a temple to offer pooja. I am not going to ask for anything. It is left to the high command to decide. I have 100 per cent trust in my party leadership that they will do justice to me.

PTI