India Behind The Lens (News Centre)

A big relief to BJP strongman Yeddyurappa, Karnataka HC today ordered quashing of an FIR against him in an illegal mining case based on a report of the Lokayukta that had led to his exit as chief minister. A division bench comprising justices K Bhakstavatsala and K Govindarajulu passed the order allowing an application filed by Yeddyurappa challenging the Lokayukta FIR.

The court quashed Chapter 22 of the Lokayukta report on illegal mining, which had indicted him over various acts of omission and commission to favour a mining firm on the basis of which the FIR was filed.

Kiran Kumar S tweeted some excerpts from 55 page Karnataka HC judgment quashing Yeddyurappa FIR. Judgment shared by @Simblee @Purple_Truths
 

#BSY 1) Yeddyurappa filed a petition with Karnataka High Court under Articles 226 and 227 of Constitution of India to quash Lokayukta FIR.

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 2) Justice Bhaktavatsala asked Lokayukta to quash relevant portion of the report from 27.7.2011, chapter 22. (page 4). Why? Read on.

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 3) Page 7 of HC Judgment cites, Govt order from 15-Mar-2003 de-reserving 11620 sq KM of state land for mining. SM Krishna was the CM!

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 6) Page 13 of HC Judgement: Lokayukta submitted irregularity report against Dharam Singh.But was NOT accepted by Governor of Karnataka!

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 7) Page 13 of HC Judgement: But Lokayukta didn't give any opportunity to Yeddyurappa for explanation.(unlike Dharam Singh, Congress CM)

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 8) Pg 13: Lokayukta in his press conference said report is LEAKED and contents are true. Held BSY guilty EVEN before rpt was submitted!

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 9) Page 15: Ashok Harnahalli pleaded for BSY stating Lokayukta erred in recommending criminal proceedings on ground of SUSPICION.

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 10) Page 16 of HC Judgment: Lawyer - "Lokayukta ERRED in coming to the conclusion that Yeddyurappa has committed the alleged offenses".

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 11) Pg 16: Lawyer - "Governor ALSO erred in not giving Yeddyurappa an opportunity of hearing, before sanction of criminal proceedings".

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 12) Pg 16: "UV Singh (Lokayukta staff) recorded, his observations are NOT conclusive on ground. Glaring contradictions existed in rpt".

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 13) Page 17 of HC Judgment: Lawyer - "Santosh Hegde did NOT even refer to UV Singh's observations bef initiating criminal proceedings".

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 14) Pg20 of HC Judgment: Lawyer - "Registration of FIR (against BSY) by Lokayukta Police for offence under sec 7,8,9 & 13 were ILLEGAL"

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 15) Page 21: Lawyer- "Lokayukta registered 2 cases (Sirajin Basha land deal plus mining) FIR for alleged crime. Impermissable by law!"

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 16) In pages 21-29, Ashok Harnahalli makes splendid case againt Santosh Hegde of violating Yeddyurappa natural justice! Superb examples

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 17) Page 36-37 "Whether Lokayukta's report chapter 22 is within the scope set by Government?". The Judge observes : "In the NEGATIVE"!!

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 18) Page 37. "Whether prima facie case is made by Lokayukta for registering a case against Yeddyurappa?". Judge: "In the NEGATIVE"!!

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 19) Pg 37 "Whether sanction granted by Governor for criminal proceedings against BSY liable to be quashed?". Judge:"In the AFFIRMATIVE"

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 20) Pg 43-44 of HC Judgement: "Reputation of a man is a very precious thing. No Person should be deprived of such right to Reputation"

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 21) Page 51 of Judgment: "Suspicion cannot be a ground to tarnish image & reputation of a person who is holding a constitutional post"!

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 22) Pg 52 of HC Judgment: "Hegde's contention that he didn't ask BSY to vacate office, so no hearing was granted, does NOT hold water"

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 23) Pg 53: "In a nut shell, there is NO material placed on record to establish that BSY has shown any official flavour to mining comp"!

— Kiran Kumar S (@KiranKS) March 7, 2012

#BSY 25) In Page 54, Judges: "we view that Yeddyurappa was condemned unheard. This is flagrant VIOLATION of principle of natural justice"!!!

— Kiran Kumar S (@KiranKS) March 7, 2012

Prior 25 tweet excerpts from Karnataka High Court judgment quashing Santosh Hegde's report based FIR against #BSY from: karnatakajudiciary.kar.nic.in/scrolls/wp-440…

— Kiran Kumar S (@KiranKS) March 7, 2012