22 January 2011

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Governor Granted Permission to file FIR against Karnataka CM Yeddyurappa – Timeline what happened and now what –

Governor Granted Permission to file FIR against Karnataka CM Yeddyurappa –Timeline what happened and now what –

December 28
Two lawyers Sirajin Basha and KN Balaraj filed complaint against CM Yeddyurappa following allegations that that Yeddyurappa had favoured his family members with prime land in and around Bangalore.

Basha and Balraj filed two cases against the Chief Minister on and will file six more cases

January 19
Karnataka cabinet passed the resolution and requested the Governor not to allow the sanction of prosecution.
The cabinet resolution had asked the Governor to drop the proceedings to prosecute Yeddyurappa and Home Minister R Ashoka on alleged land scams on the basis of a complaint filed by lawyers

As the lawyers filed the complaint governor had summoned the documents and he had examined and verified the correctness of the documents.

Then he has come to the conclusion that the advice given by the government not to give sanction is out of personal prejudice or involving bias and various other factors involving protection of the chief minister.

January 21
Governor H R Bhardwaj granted ,gave permission ,sanction for prosecution of Chief Minister B S Yeddyurappa on corruption charges.

Bhardwaj passed the order under section 19(1) of Prevention of Corruption Act and Section 197 of Criminal Procedure Code for prosecuting in an appropriate court of law.

Legally the Governor has a right for in 2004 the Supreme Court had ruled that
a state Governor could accord sanction for prosecution of a minister for an illegal act, even after the council of ministers had refused such permission.

A five-judge bench comprising Justice N Santosh Hegde, Justice SN Variava, Justice BP Singh, Justice HK Sema and Justice SB Sinha and ruled and allowed prosecution of two former Madhya Pradesh ministers, Rajendra Kumar Singh and Bishau Ram Yadav who had allegedly allowed release of 7.5 acres of land illegally to the earlier owners after it had been acquired by the Indore Development Authority

In another case Supreme Court said following –

in the MP Special Police Establishment vs. State of MP case in which the court held:
"If on these facts and circumstances, the Governor cannot act in his own discretion there would be a complete break down of Rule of Law in as much as it would then be open for Governments to refuse sanction in spite of overwhelming material showing that a prima-facie case is made out.

If, in cases where prima-facie case is clearly made out, sanction to prosecute high functionaries is refused or withheld, democracy itself will be at stake.

It would then lead to a situation where people in power may break the Law with impunity safe in the knowledge they will not be prosecuted as the requisite sanction will not be granted."

Karnataka Director General of Police Ajai Kumar Singh said that Section 144 has been imposed in Bangalore till the midnight of January 23.
Police have also taken 400 BJP workers in preventive detention in Bangalore.

It is reported that 22 Buses were burned to oppose the permission granted to proscute CM.

Because of Fear , Indian citizens always keep shops closed and even people avoid go outside thinking, lets stay inside home it will save few bucks and beating from Political party workers .

As our law is weak and toothless thus criminals do not fear the law as criminal is outside of jail within 24 hours to beat the complainant again.
Indian Penal Code Section 323 is bailable.

Opposition party is doing corruption in other states does not give any political party to do corruption in his own state.

Suppose today if the ruling party at center also belongs to BJP then do you think Governor would have given sanction to prosecute chief Minister .

When Swami demanded permission to file a case, Congress did not give permission saying investigation is going on.

This is the reason we need to change this law , amend it and give this power to High court judges or need to create new panel of retired high court judges who can decide such cases.

Now what will happen,

Police has to register a FIR.
Then they will investigate the case.
Delay, delay
Then what
Go to court , court will order to complete the investigation and send the report to judge.

The accused party will challenge the FIR, then challenge the charge sheet in the court of law.
Every challenge will go up to High Court.
Delay and Delay.

What ever may happen after 20 years or 50 Years there will be little bit justice we Indians can get.

This is the reason filing of FIR is important , then charge sheet because one day Judge has to give the judgment.

Still 100 percent Judiciary is not corrupt. Majority Judges are honest.

“It is not the first time that a Governor has given his sanction to prosecute a chief minister or a minister of the state government.

Still do not remember which Minister went to Jail.
Do you remember any one if yes after how many years he went to Jail ?

Updated on Sunday, January 23, 2011

Two Bangalore-based advocates Sirajin Basha and KN Balaraj filed two complaints against BJP's first chief minister in south India in a Bangalore court.
They have named Yeddyurappa, his two sons and son-in-law, among others, in the complaints urging the court to take cognizance and bring them to trial. One son, BY Raghavendra is BJP Lok Sabha member from Karnataka.

Additional Civil Judge C. Hipparagi will hear the complaints on Jan 24 when more complaints will be filed

It is expected that CM is likely to move the high court Monday challenging the sanction given by Bhardwaj and also filing of complaints by the two advocates in the city court.

Suggested Reading –

Know about B.S. Yediyurappa, Chief Minister of Karnataka – Famed for land scam –

Reality Views by sm –
Saturday, January 22, 2011


Always Happy January 22, 2011  

hey Sm, I am on the phone to my parents now and my Mother is updating me on the same...how spooky.
Lets see what will happen....oh ministers and land scams.....

SM January 22, 2011  

Always Happy,,

Arti January 22, 2011  

Very informative post.

Insignia January 22, 2011  

We had a tough time here today. The CM in the evening thanked the people of Karnataka for "voluntarily participating in the bandh and supporting him". How stupid

sm,  January 22, 2011  


sm,  January 22, 2011  


Sushant Jain January 23, 2011  

Yediyurappa`s should resign...

sm,  January 23, 2011  

sushant jain,,