Raising objections to former Karnataka chief minister BS Yeddyurappa's plea for quashing of criminal case against him and others for allegedly receiving bribes to favour a private company in the illegal mining case, the CBI has told the Supreme Court that a special court is to frame charges against them and this is not appropriate stage to quash the case.
Raising objections to former Karnataka chief minister BS Yeddyurappa's plea for quashing of criminal case against him and others for allegedly receiving bribes to favour a private company in the illegal mining case, the CBI has told the Supreme Court that a special court is to frame charges against them and this is not appropriate stage to quash the case.
The investigating agency claimed that it has collected sufficient evidence against them to prove the allegation and sought the top court leave it to the trial court to take a decision.
"It is well settled in law that at the stage of framing of charge, the special court has to consider whether there is sufficient ground for proceeding against the accused. The special court at this stage of consideration for framing of charges…Hence it is not the appropriate stage to weigh the merit of the evidence which is sought to be challenged by the accused," the CBI told the court.
The premier agency countered Yeddyurappa's ground for quashing of the case that CBI had not obtained sanction to prosecute him. "The petitioner ceased to be a public servant on July 31, 2011 (as he demitted the office of Chief Minister) and the Special judge had taken cognizance on November 16, 2012. There was no need for prosecution to obtain sanction, which is a settled law propounded by this court," it said and sought the apex court to dismiss his plea.
Pursuant to the supreme court order after accepting the Central Empowerment Committee's findings about irregularities and illegal mining in the state, the CBI had registered the RC in May 2012 against him and others on the charges of corruption.
CBI had probed the case as per direction of this court in a writ petition filed by NGO- Samaj Parivartan Samudaya in 2009.
Filing its chagesheet in October 2012 before a special court in Bangalore, CBI had alleged that Yeddyurappa has been accused of misusing his office as Chief Minister and had allegedly received Rs 20-crore kickback from the Bellary-based South West Mining Company in a quid pro quo deal for waiving Rs 890 crore due to the State government from the company.
Besides, Yeddyurappa as the prime accused, the probe agency also named two of his sons and son-in-law as accused persons.
Chargesheet was filed against them on different charges including cheating, forgery of documents for the purpose of cheating under various sections of the Indian Penal Code, the Prevention of Corruption Act and also various charges under the Karnataka Land (Restriction on) Transfer Act.
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