The Supreme Court of India has reserved its decision on the petition of former Chief Minister BS Yeddyurappa. Former Chief Minister of Karnataka and a prominent BJP leader, are opposing the resumption of corruption case against him. The case includes allegations of corruption and criminal conspiracy, including former Industries Minister Murugesh R Nirani and former Managing Director of Karnataka Udyog Mitra Shivswamy KS.
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A private against Yeddyurappa
The complaint was lodged as his Chief Minister, but was dismissed due to lack of approval. Later, when they were not on Vapada, another complaint was filed, which was rejected by the trial court in 2016. But the Karnataka High Court resumed the case in 2021. Now the Supreme Court is deciding whether the changes of the law brought after 2018 in this case will also apply to the old matters.
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Chief legal question
The biggest question before the court is that if the magistrate has ordered an inquiry under Section 156 (3) of the CRPC, will it be necessary to get government approval under Section 17A of the Corruption Act? Supreme Court Justice J. B. Pardiwala said in the oral comment that when the magistrate ordered an inquiry, the approval of 17A is probably not necessary. But the court is also seeing what things they focus on allowing both the magistrates and the government and are these procedures so different from each other that the magistrate’s order cannot replace 17A?
