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With Karnataka Governor H R Bhardwaj late on Friday permitting prosecution of beleaguered Chief Minister B.S. Yeddyurappa on land scam and corruption charges, city lawyers Sirajin Basha and K N Balaraj have decided to file a criminal case in a special court here on Monday.

‘We are grateful to the Governor for granting us permission to prosecute the Chief Minister. We are in touch with our counsels to draft the petition to file the criminal case in the 23rd special court Monday,’ Basha said.

The Governor’s sanction came on a complaint by the lawyers under section 19(1) of the Prevention of Corruption Act, 1988 and section 197 of the Criminal Procedure Code, 1973 for prosecuting the chief minister on the various grave charges of corruption and criminal misconduct.

‘We were forced to approach the governor after the Lokayukta (ombudsman) police refused to take our complaint as an FIR (first information report). The concerned police did not even acknowledge our complaint sent by registered post,’ Basha said.

The Governor’s office in a communique said Bhardwaj considered the lawyers’ complaint and passed an order to prosecute Yeddyurappa under the said provisions.

Asked if they would press for the chief minister’s resignation, Basha said it was up to him (Yeddyurappa) to decide whether to step down or not.

‘To resign or not is a moral issue. We are dealing with legal issues on the basis of evidence we have collected against the chief minister. Don’t bring politics into this case,’ Basha retorted.

Bashan also clarified that the state government would not be able to prevent them from filing the petition in the special court, as there was no provision for caveat by the state government in a criminal case.

‘This is a criminal case and not a civil case. Where is the question of admitting a caveat by the court?’ Basha quipped.

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