High Court sets aside sanction to prosecute Yeddyurappa

[email protected] (CD Network)
November 24, 2015

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Bengaluru, Nov 25: In a temporary breather to Bharatiya Janata Party national vice-president and former Chief Minister B.S. Yeddyurappa, the High Court of Karnataka on Tuesday set aside the sanction granted by the then Governor in 2011 for prosecuting him on the charge of alleged illegal denotification of acquired lands and allotment of site in favour of his son.

However, the Bench remitted the matter back to the present Governor for reconsideration of the plea, made by two advocates Sirajin Basha and K.N. Balaraj for grant of sanction for prosecuting Mr. Yeddyurappa, while asking the Governor to consider the matter based on the observations made in the verdict.

A Division Bench comprising acting Chief Justice Subhro Kamal Mukherjee and Justice Vineet Saran delivered the verdict while partly allowing a petition filed by Mr. Yeddyurappa, who had questioned the legality of the sanction for prosecution granted by the then Governor H.R. Bhardwaj on January 21, 2011.

“We have carefully gone through the order of sanction. With respect, the [then] Governor has quoted the complaint in detail in his order of sanction; virtually, there is no finding as to why he has accorded sanction in favour of the prosecution,” the Bench said.

Also, the Bench found that “there is no discussion [in order of sanction] as to why he [then Governor] was according sanction when his Council of Ministers had already appointed on December 22, 2010, Hon’ble Justice B. Padmaraj as one-man Commission to look into various irregularities in denotification of lands.”

Though the Governor was free to differ from his Council of Ministers, the Bench found that no reason was mentioned as to why the then Governor had not accepted the opinion expressed by the then State Cabinet through a resolution rejecting the sanction for Mr. Yeddyurappa’s prosecution. Also, the Bench found that the then Governor had not even referred to the letter, written by Mr. Yeddyurappa on January 19, 2011, informing the Governor on the opinion of the Cabinet.

The Bench said categorically that “…on perusal of the record, we are of the opinion that as the complaint was a private complaint, great care, caution and proper application of mind was necessary, particularly having regard to the uneasy relationship between the then Chief Minister [Yeddyurappa] and the then Governor [Bhardwaj].”

“Non-consideration of relevant matters made the order of sanction illegal and resulted in failure of justice. We are thus of the opinion that the exercise of power by the [then] Governor was not in accordance with the well-settled principles for sanctioning prosecution,” the Bench held.

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News Network
May 10,2024

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Madikeri: A 15-year-old was bludgeoned to death and the accused fled with her severed head at Mutlu village in Somwarpet of Kodagu district on Thursday late night, hours after her SSLC examination result was declared.  

The victim has been identified as US Meena, a 10th grade student of Surlabbi High School. She had passed the SSLC examination and her school attained 100% results. 

However, she was brutally murdered by accused Prakash (32), a resident of the village. The police have launched a search operation to find the suspect, said Kodagu SP K Ramarajan 

It is said that the minor girl's engagement with the suspect was thwarted by officials from Women and Child Development department on May 9, and later officials had even convinced her parents of not to marry the minor girl.

However, the suspect barged into her house in the night and allegedly kidnapped her. Later, he took her to an area near the periphery of the forest and murdered her after which he fled with her severed head.

Victim's mother too has suffered injuries and is admitted to a hospital for treatment. The reason for the murder will be known after the probing officials have inquired the victim's mother, said the SP. 

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News Network
May 10,2024

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Mangaluru, June 10: The National Investigation Agency (NIA) has arrested another prime accused in 2022 BJP Yuva Morcha worker Praveen Nettaru murder case. 

32-year-old Jilla BJP Yuva Morcha committee member Nettaru was hacked to death in front of his broiler shop in Bellare of Dakshina Kannada by bike-borne miscreants in July 2022. The case is being investigated by the NIA and several arrests have been made so far.

Mustafa Paichar, accused number four in the case, was absconding after the murder and the NIA had declared a Rs 5 lakh reward to catch him. 

He was arrested at Sakleshpur in Hassan district by the NIA team led by Inspector Shanmugam. 

According to officials Mustafa was reportedly a member of now banned Popular Front of India and a resident of Shantinagar in Sullia in Dakshina Kannada.

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News Network
May 3,2024

Mangaluru, May 3: The Mangaluru City Corporation will resort to water rationing from May 5 as the Thumbe vented dam, which supplies drinking water to the city, is facing a shortage in water storage.

Instead of daily supply, water will be supplied on alternate days, the Executive Engineer (Water Supply) at the corporation said in a release.

The release said that water will be supplied to Mangaluru City North on May 5. There will be no water supply to Mangaluru City North on May 6. Instead water will be supplied to Mangaluru City South on May 6. Likewise the supply on alternate days will continue.

The inflow in the Netravathi has stopped, the release said, requesting people to cooperate with the corporation and not waste water for washing vehicles and other purposes.

An engineer at the corporation said that water level at the dam stood at 4.27 m on Wednesday against the full storage level of 6 m. If water is supplied daily to the entire city (Mangaluru City North and Mangaluru City South) the existing storage will last only for 16 days, the engineer said. Hence the decision to supply water on alternate days has been taken to supply water till May-end.

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