9 years, 4 months ago

Relief for BS Yeddyurappa as Karnataka HC sets aside sanction order and asks Governor to reconsider it [Read Judgment]

We are of the opinion that, as the complaint was a private complaint, great care, caution and proper application of mind was necessary, particularly having regard to the uneasy relationship between the then Chief Minister and the then Governor, the bench said.Relief for Former Chief Minister of Karnataka, B.S. We are of the opinion that, as the complaint was a private complaint, great care, caution and proper application of mind was necessary, particularly having regard to the uneasy relationship between the then Chief Minister and the then Governor, the bench said. B.S Yeddyurappa had challenged before the High Court the legality of the sanction order dated January 21, 2011 issued by His Excellency the Governor of Karnataka, by which the Governer had on the petitions by complainants, namely, Sirajin Basha and K.N.Balaraj, accorded sanction under sub-section of Section 19 of the Prevention of Corruption Act, 1988, and under Section 197 of the Code of Criminal Procedure, 1973, to prosecute the then Chief minister for the alleged offence under Section 405 of the Indian Penal Code, and Section 13 and Section 13 of the Prevention of Corruption Act, 1988. The Court also observed that, as the complaint was a private complaint, great care, caution and proper application of mind was necessary, particularly taking into account the uneasy relationship between the then Chief Minister and the then Governor.

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