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Karnataka High Court issues interim stay to summons to Yeddyurappa

In a relief to former chief minister BS Yeddyurappa, the Karnataka High Court today stayed proceedings in two private complaints pending against him in a Lok Ayukta court until further orders.

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Here’s a breather for former chief minister BS Yeddyurappa. The high court on Friday issued an interim stay until October 14 to the summons issued by the Lok Ayukta special court to Yeddyurappa in two private complaints over alleged land denotification.

Yeddyurappa had challenged the August 8 summons concerning the third and the fourth private complaints filed by lawyer Sirajin Basha concerning alleged land denotification at Geddalahalli, Arakere and Devarachikanehall Uttarahalli, Agara, Anekal.

In the third complaint, the interim stay order was passed after five days of arguments in court. The order with regard to the fourth complaint was issued even before arguments commenced on the grounds that this complaint is similar to that the third complaint.

While hearing arguments for the third complaint, justice BS Patil observed that the offences to which the governor had given sanction for prosecution are different from those mentioned in the private complaint, and hence, it is a miscarriage of justice.

Furthermore, the trial court judge did not examine the case as per Section 202 of the criminal procedure code. The court observed that the trial court judge was guilty of non-application of mind.

Justice Patil also observed that the Sirajin Basha’s counsel Hazmat Pasha’s approach is meant to frustrate the court. He was referring to the memo filed by Pasha seeking time to file objections till the completion of the case and for seeking an adjournment.

Pasha’s counsel said a caveat had been filed with regard to the fourth complaint and the high court should not pass orders without listening to his arguments. But the judge, observing that since the caveat was not presented in court, granted an interim stay.

Pasha’s counsel will appeal the order before the vacation bench. The appeal is likely to come up for hearing next week.

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