SC extends stay on investigation against former Karnataka CM Yeddyurappa

New Delhi: The Supreme Court on Monday extended its interim order on stay on investigation against former Karnataka Chief Minister B.S. Yeddyurappa in a corruption case in connection with the award of a Bangalore Development Authority (BDA) contract.

A bench of Justices D.Y. Chandrachud and Hima Kohli allowed the Karnataka government to be impleaded as a party in the matter and issued notice to the state government. Meanwhile, the top court also extended its interim order till further orders.

On September 23, the Supreme Court stayed the investigation in an FIR lodged by Lokayukta police against Yeddyurappa in a corruption case in connection with the award of the BDA contract.

Senior advocates Mukul Rohatgi and Siddharth Dave, representing Yeddyurappa, had contended that the Karnataka High Court ignored the fact that it was mandatory to obtain prior sanction before issuing an order to register an FIR.

Counsel, representing complainant activist T.J. Abraham, argued that prior sanction requirements had been dispensed with the latest amendment in law in connection with cases, which arise out of complaints filed under Section 156(3) of the Criminal Procedure Code.

After hearing arguments, the top court had issued notice to Abraham on a petition by the senior BJP leader challenging the high court order.

The high court held that the rejection of sanction would not come in the way of proceedings against Yeddyurappa. He moved the apex court challenging the high court order.

In July 2021, a special court declined to entertain a complaint by Abraham, saying an order of investigation under Section 156(3) of the Criminal Procedure Code cannot be made without valid sanction under Section 19(1) of the Prevention of Corruption Act.

The complaint alleged that Yediyurappa and others, including his family members and two businessmen, collected bribes to the tune of Rs 12 crore to award a contract for a construction firm to build a housing complex for the government during his tenure as Chief Minister in 2019-21.