No mining dirt on BSY, rules HC

Big relief for former CM as High Court quashes FIR by Lokayukta police in illegal mining case

Published: 08th March 2012 01:37 AM  |   Last Updated: 16th May 2012 06:31 PM   |  A+A-


SAVED BY THE GODS: Former chief minister B S Yeddyurappa during a puja at the Nageshwara Swamy Temple in Bangalore on Wednesday | Nagaraja Gadekal

BANGALORE: In a big relief to former chief minister B S Yeddyurappa, the Karnataka High Court on Wednesday quashed all charges levelled against him by the Lokayukta in its illegal mining report.

The divisional bench comprising Justices K Bhaktavatsala and K Govindarajulu quashed the FIR filed by the Lokayukta police following sanction by Governor H R Bhardwaj.

“It is politically motivated and the principles of natural justice have not been followed while indicting the petitioner. Moreover, there is no case made out against the petitioner under the provisions of the Prevention of Corruption Act or any other law,” the court observed, while quashing the FIR.

This gives Yeddyurappa the much needed boost to continue his fight for the CM’s post.

The bench also set aside the sanction given by Bhardwaj to the Lokayukta police to initiate criminal proceedings against Yeddyurappa on August 8, 2011, saying that it is illegal.

The bench held that the investigation by Lokayukta is a quasi judicial power and the authority shall follow the rules of natural justice.

The bench in its order further stated that both the Lokayukta and state government have failed to follow the principles of natural justice and there is flagrant violation of principles of statutory provisions.

 “It is a fit case to hold that there is no merit in the preliminary objections raised by them as to the maintainability of the petition,” the court observed.

The court refused to accept the contention of Lokayukta that its report on illegal mining was based on Dr U V Singh’s report, a top forest official who had investigated it on an earlier occasion, observing that “we hold that the report of the Lokayukta is also not within the scope of reference made to it by the government”.

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