BENGALURU : While observing that the complainant has made out a prima facie case at this stage, a special court set up exclusively to deal with criminal cases related to MPs and MLAs in Karnataka has issued summons to former chief minister BS Yediyurappa in relation to a land denotification complaint lodged against him in 2013.
Special judge B Jayantha Kumar has ordered authorities to register a special criminal case for offences punishable under section 13(1)(d) read with section 13(2) of the Prevention of Corruption Act, 1988 against the former chief minister. The judge also directed Yediyurappa to appear before him, after filing a list of witnesses as required under section 204(2) CrPC, and payment of process fee.
“I am of the considered opinion that there is sufficient material to proceed against the accused by registering a special criminal case and summoning Yediyurappa for his attendance and give an opportunity to the complainant to establish his allegations against the accused no 2,” the special judge has observed in a detailed order passed on Saturday (March 26).
It added: “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 section 13(1) (d) read with section 13(2) of the Prevention of Corruption Act, 1988. ”
The special judge said that in view of the opinion expressed by the CEO, KIADB, the law department, the Advocate General and the advocate of KIADB, and the additional secretary (mines) not to denotify the land, it cannot be prima facie argued that Yediyurappa ordered denotification in exercise of the lawful powers vested in him.
One Vasudeva Reddy, a resident of Bengaluru, had filed the case alleging Yediyurappa had denotified certain land acquired in the IT corridor between Whitefield and Electronics City, Bengaluru, for illegal gain under government notification dated June 21, 2006. Yediyurappa was the deputy chief minister of the state at that time. The land was allotted to entrepreneurs after denotification.
