Firoz.T.Totanawala The Bangalore Metro Reporter THE JUDICIAL ACQUITTAL HC SQUASHES FIR AGAINST YEDURAPPA

By Firoz.T.Totanawala 

The Bangalore Metro Reporter 

THE JUDICIAL ACQUITTAL! 

HC SQUASHES FIR AGAINST YEDURAPPA 

 The High Court has quashed the FIR against B.S.Yeddyurappa in the Mining scam. From henceforth, the CM, Ministers, legislators and even bureaucrats may indulge in open corruption by directing the favour seekers to deposit/donate the ‘demand’ money in the name of the Trusts-firms owned by their kith and kin. 

Former Chief Minister B.S.Yeddyurappa was often asserting that he will come clean on the mining charges through High Court on 5th January. That is why he wanted the BJP High Command to reinstate him as the CM again, immediately after January 5th and preferably before 14th January, the Sankranti. Yedurappa’s asserting that the HC will clear him of the FIR in the Mining scam had baffled everybody. The confidence of Yedurappa getting favourable judgement stemmed out from the fact that Ram Jathmalani was to appear for him. 

 Now, the HC delivered the judgement quashing the FIR filed against Yedurappa in the mining scam. It may be recalled that the then Lokayukta Santosh Hegde had submitted a copy of his Mining scam report to the governor and the report indicted the then CM Yedurappa in the scam. The report states that Yedurappa in total received 30 crores in a novel way in the name of the Prerana Education Trust owned by his sons and son-in-law, from a mining firm which got a favour. 

 The governor who received the report directed the then Lokayukta (Justice Shivaraj Patil) to take suitable action against Yedurappa as regard to this donation/purchase issues. The Lokayukta police filed an FIR against Yedurappa in this regard. 

 As usual, Yedurappa challenged the FIR and even the sanction given by the governor for filing a case against him over the Lokayukta report. However, the HC dismissed his petitions and as such Yedurappa is facing more than a dozen cases against him. 

 And now, the HC has quashed the FIR against Yedurappa in the mining case. The HC has given him a clean chit in the Prerana Trust and Land sale case and refused to link the payments of the company to the corruption. The judgement by the Division Bench has shocked the people to no end. At the same time, Yedurappa is again staking his claim to the Chief Ministership on the plea that the Mining report has no bearing on him with the HC judgement. Already his loyalist MLAs and ministers are demanding the resignation of Chief Minister D.V.Sadananda Gowda so as to enable him to occupy the CM Chair again. 

 With regard to the judgement, the government advocate interestingly was absent throughout the hearing. Only the Lokayukta was represented by an inexperienced advocate who by keeping quite helped Yedurappa’s case and the HC had no other go except to quash the FIR. Further, the government headed by Sadananda was not prepared to put up an effective fight over the case. Moreover the Lokayukta institution is headless since six months after the exit of Santosh Hegde and the advocate who represented the Lokayukta cases in the courts all these years, has been removed for no reasons at all. 

 Lokayukta was paying a pittance as advocate fee to him and when the advocate demanded more considering the increasing number of high profile cases, the Lokayukta refused and the advocate was left with no other alternative but to resign from the post. In comparison, this advocate fought with the best legal brains in the country who appeared for Yedurappa and Company before the Lokayukta court but received a meager remuneration. 

 Whatsoever, with the quashing of the FIR, the case under PC Act against Yedurappa for having received the ‘bribe’ of 30 crores in dubious means stands quashed. In the present case, a mining company donated 10 crores to Prerana Trust owned by Yedurappa’s family members who are doing education business. It is not a charity business. Interestingly, the company’s application was before Yedurappa for renewal of their mining lease as Yedurappa held the Mining portfolio also. At the same time, the company bought one acre of land in Bangalore belonging to Yedurappa’s sons for a whopping 20 crores, while the market rate was only one crore per acre! Why should the company pay almost twenty times more? After the, donation and purchase of the land, the company was given the renewal of mining lease. Interestingly, the company was in red and had to borrow money from one of its associate companies! Can anybody in his senses, imagine a loss making company donating 10 crores, and that too by borrowing, to the Trust floated by the Chief Minister’s family? And one does not even imagine the same company paying twenty times more than the market price to purchase one acre of land from Yedurappa’s family members! 

 Now, one may see the politicians in power or outside, officials etc. floating trusts, for whatever reasons, and lodge their money in such fronts openly. They can also take their bribe through cheques in the name of the Trusts/Companies. And one can be sure of them getting immunity under PC Act! Eventually, only those officials /politicians who are caught red handed while taking bribe and that too personally, can be booked under the PC Act. 

 It is time the government should appeal against this judgement in the Supreme Court. As things stands as on today, it is highly not possible for the government to do so. 

That is all.