Advocate Srijin Basha moved the Supreme Court Wednesday challenging the Karnataka High Court order quashing the FIR against former Karnataka chief minister B.S. Yeddyurappa in an illegal mining case. Basha is the original complainant in the case.
The high court had quashed the FIR and sanction for prosecution on the grounds that Yeddyurappa was not given an opportunity of being heard before state Governor H.R. Bhardwaj gave the nod for his prosecution.
Advocate Srijin Basha had moved for initiation of proceedings against Yeddyurappa last year. Following the grant of sanction by the Governor, the proceedings were initiated against Yeddyurappa under the Prevention of Corruption Act in illegal mining case.
The petitioner advocate has contended that quashing of sanction by Competent Authority by the high court is “bad in law and impermissible in law and against a catena of judgment and position of law settled by the apex court”.
The petitioner advocate Basha has said that he has reasons to believe neither the state government nor Lokayukta police will move the apex court challenging the high court verdict because of political pressure and considerations.
The petition has said that the high court in exercise of its powers under Section 482 of CrPC has grossly erred in quashing the FIR on ground of denial of opportunity as FIR requires only prima facie material to commence investigation which is very much on record and has been completely ignored by the high court.
He said that even otherwise the high court could not have gone into the writs or sufficiency of evidence.
The advocate petitioner Basha has contended that pendancy of complaint filed by him regarding the same transaction involving payment of money by South West Mining Corporation was made a ground of challenge in the writ petition.
Despite this no notice was issued to him and the high court rendered a judgment recording findings on merit that potentially affected the trial of 5 complaint cases filed by him and pending trial before the Lokayukta Court in which summons have been issue to Yeddyurappa and other accused.
Lokayukta report which becanme basis of initiation of proceedings against the former chief minister had cited receipt of a Rs.10 crore donation from South West Mining Company to the Prerana Trust owned and managed by Yeddyurpapa’s family and another Rs.20 crore paid for purchase of 1.02 acres in Rachenahalli by the mining firm.