Special court orders FIR against Yediyurappa in 15-yr-old corruption case

News Network
March 30, 2022

A Special Court in Bengaluru has ordered the registration of a 'special criminal case' against former Karnataka chief minister B S Yediyurappa regarding alleged corruption in a land denotification issue when he was the deputy CM in the BJP-JDS coalition government in 2006-07. 

Sessions Judge B Jayantha Kumar of the special court, set up exclusively to deal with criminal cases related to elected MPs/MLAs in Karnataka, has issued the order on March 26, based on a private complaint by one Vasudeva Reddy.

"Register a Special Criminal Case against the accused No.2 Sri B.S.Yediyurappa for the offence punishable under Sec.13(1)(d) R/w Sec.13(2) of the Prevention of Corruption Act, 1988. Issue summons to accused No.2 for his attendance only after filing of list of witnesses as required under Sec.204(2) Cr.P.C., and process fee is paid," the order says.

According to the complainant, the state government under the Karnataka Industrial Area Development Act acquired 434 acres of land in Bellandur, Devarabeesanahalli, Kariyammana Agrahara and Amanibellandur Khane to establish an Information Technology park. The same was however denotified by Yeddiyurappa "in favour of private persons without any public benefit."

The court in its order said the complainant has made a prima facie case against Yediyurappa, who has to be summoned to the court after due process.

"I am of the considered opinion that there are sufficient material to proceed against the accused by registering Special Criminal Case and summoning the accused No.2 for his attendance and give an opportunity to the complainant to establish his allegations against the accused No.2.

"I am of the considered opinion that there is nothing on record to disbelieve the case of the complainant at this stage. He has made out a prima facie case against the accused for the offence punishable under Sec.13(1)(d) R/w Sec.13(2) of the Prevention of Corruption Act, 1988," the court noted.

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News Network
September 24,2024

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The Karnataka High Court on Tuesday dismissed the petition filed by Chief Minister Siddaramaiah against Governor Thawarchand Gehlot's decision to sanction the complaint and investigation against him in the alleged Mysore Urban Development Authority (MUDA) scam case.

Justice M Nagaprasanna said the facts narrated in the petition would undoubtedly require an investigation.

The court has also said that the Governor's order approving sanction to investigate against Siddaramaiah under section 17A of the Prevention of Corruption Act does not suffer from application of mind, instead has abundance of application of mind.

Meanwhile, the court rejected the request made by senior advocate Abhishek Singhvi to stay the order of the court. The court has vacated the interim order passed on August 19. In the interim order the trial court was directed not to take any precipitative action against Siddaramaiah. On August 17, Governor had approved sanction under section 17 A  of the Prevention of Corruption Act and Section 218 of Bharatiya Nagarik Suraksha Sanhita ( BNSS), citing three applications.

The court said the private complainants were justified in registering the complaint and seeking approval from the governor.

Insofar as private complainants seeking sanction under section 17A, the court said the provision nowhere requires only a police officer to seek sanction from a competent authority. The court further said it is in fact the duty of the private complainants to seek such approval.

Earlier, The High Court had completed its hearing in the case on September 12, and reserved its orders. It had also directed a special court in Bengaluru to defer further proceedings and not to take any precipitative action against the Chief Minister.

The case pertains to allegations that compensatory sites were allotted to Siddaramaiah's wife B M Parvathi in an upmarket area in Mysuru that had higher property value as compared to the location of her land that had been "acquired" by MUDA.

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News Network
September 13,2024

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NRI professionals hailing from the coastal and Malnad regions of Karnataka, now based in Singapore, Indonesia, Malaysia, Hong Kong, and Australia, have been urging the Indian government and airlines to introduce a direct flight between Mangalore International Airport (MIA) and Singapore’s Changi Airport.

These professionals argue that Singapore’s strategic location as a hub connecting India with East Asia makes this flight essential. They highlight that this route would serve over 12 million people from the coastal and hill regions of southern India, fostering stronger ties with East Asian economies.

The group, consisting of individuals from Dakshina Kannada, Uttara Kannada, Udupi, Chikkamagaluru, Kodagu, Shivamogga, and Hassan, is spearheaded by Rajesh H Acharya, director of HQ Connections Pte Ltd, Singapore, and coordinator of the Singapore Tuluver community. Acharya emphasized the significance of the Indian government’s Act East policy, which aims to strengthen relationships between India and ASEAN, East Asia, and the Asia-Pacific region.

“This flight will open new doors for cultural, trade, tourism, and technological exchanges between these regions,” Acharya said.

The Mangalore Chapter of IndUS Entrepreneurs (TiE) has also proposed positioning the region as the 'Silicon Beach of India.' A direct flight would provide greater opportunities for entrepreneurs and investors from both Singapore and Mangaluru, boosting business exchanges.

Moreover, Singapore’s Changi Airport could see increased tourism from the Karnataka coast, while Coastal Karnataka would benefit from a surge in visitors from ASEAN countries, the Far East, Australia, New Zealand, and the US West Coast.

While a similar attempt in 2017 did not succeed, Acharya and his team are hopeful that this time their appeal will be taken seriously, tapping into the immense growth potential of the eastern half of the globe.

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News Network
September 23,2024

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New Delhi: Downloading and watching child pornography is an offence under the Protection of Children from Sexual Offences (POCSO) Act, the Supreme Court ruled today in a landmark judgment on the stringent law to prevent child abuse.

The bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala set aside the Madras High Court order that had ruled that merely downloading and watching child pornography was not an offence under the POCSO Act. The Supreme Court noted that the high court had committed an "egregious error" in passing the judgment.

The Madras High Court's order had come in a case in which a 28-year-old man was charged with downloading child pornography on his phone. The court had quashed the criminal proceedings against the man and said children these days are grappling with the serious issue of watching pornography and society must be mature enough to educate them instead of punishing them.

The Supreme Court today restored the criminal proceedings against the man.

At the outset, Justice Pardiwala thanked the Chief Justice for the opportunity to pen this judgment. The order focused on Section 15 of the POCSO Act which lays down punishment for the storage of pornographic material involving children.

"Any person who stores any pornographic material involving a child and fails to report or destroy it is punishable with a fine of not less than five thousand rupees., and repeat offence will be punishable with fine of not less than ten thousand rupees. If the material is stored for further transmitting or propagating, then along with fine, it is punishable with upto three years of imprisonment. For storing child pornographic material for commercial purpose is punishable with three to five years of imprisonment, and in subsequent conviction, upto seven years of imprisonment," the Section says.

Justice Pardiwala said that in this case, mens rea is to be gathered from actus rea -- mens rea refers to the intent behind the crime and actus rea is the actual criminal act.

"We have said on the lingering impact of child pornography on the victimisation and abuse of children... We have suggested to the Parliament to bring an amendment to POCSO... so that child pornography can be referred to as child sexually abusive and exploitative material. We have suggested an ordinance can be brought in. We have asked all courts not to refer to child pornography in any order," the bench said.

The Chief Justice called it a "landmark judgment" and thanked Justice Pardiwala.

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