Bengaluru: In a temporary relief to the former Chief minister and BJP national vice-president B S Yeddyurappa, the Karnataka High Court on Tuesday set aside the sanction granted by the then Governor in 2011 for prosecuting him in several cases of alleged illegal denotification.
While remitting the matter back to Governor Vajubhai Vala, the division bench comprising acting Chief Justice Subhro Kamal Mukherjee and Justice Vineet Saran were of the opinion that the exercise of power by the then Governor was not in accordance with well settled principles for sanctioning prosecution.
“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.
“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.” the Bench added.
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 Yeddyurappa’s prosecution. Also, the Bench found that the then Governor had not even referred to the letter, written by Yeddyurappa on January 19, 2011, informing the Governor on the opinion of the Cabinet.
Following complaints made by advocate duo Sirajin Basha and Balraj, the then Governor H.R. Bhardhwaj on January 21, 2011, had granted sanction.
Inputs from agencies
