Yeddy dragging Guv to court to buy time?

With the High Court hard on the CM's trail of corruption charges in the Lokayukta court, Yeddyurappa appears to be buying time by questioning the Governor's sanctions to prosecute him

With the High Court hard on the CM's trail of corruption charges in the Lokayukta court, Yeddyurappa appears to be buying time by questioning the Governor's sanctions to prosecute him

While the High Court is expected to decide on Chief Minister B S Yeddyurappa's trail on corruption charges in the Lokayukta Court this week, he has sought to buy time by pulling the Governor to court, questioning his sanction to prosecute him. The case was sent yesterday to the Chief Justice, who is to constitute a larger bench to hear the same.


Come on! Two lawyers had prosecuted the CM in the Lokayukta
Special Court after obtaining the Governor's sanction and filed five
cases each with three instances of corruption including land scam

Hearing the CM's petition challenging H R Bharadwaj's sanction, Justice A S Bopiah sent the case for Chief Justice J S Kehar's consideration to refer it to a larger bench, citing constitutional issues. The larger bench is expected to take up the case on July 26.

Two lawyersu00a0-- Sirajin Basha and K N Balaraj ufffd had prosecuted the CM in the Lokayukta Special Court after obtaining the Governor's sanction and filed five cases each with three instances of corruption including land scam.

While the Lokayukta Court ordered the Lokayukta police to investigate the cases, Yeddyurappa's son-in-law Sohan Kumar, who is also one of the respondents in the corruption cases, had questioned the cognizance taken by the Lokayukta Court in the HC and got a stay on it.

Stage setting?
Now with the HC expected to dispose off Sohan Kumar's petition, Yeddyurappa is prepared for the eventualities and in a bid to buy more time, he has moved the HC against Bharadwaj. "The party high command is waiting to get rid of Yeddyurappa on the pretext that he be prosecuted, and the HC's judgment is significant in this regard. The CM can now say the sanction is questioned in the court and he need not step down," said a BJP leader.

Senior Counsel Ram Jetmalani, appearing for Yeddyurappa, argued that Bharadwaj's decision to grant sanction was lopsided as the governor was functioning as a Congress representative in the state. "Ever since Bharadwaj took office as the Governor in 2009, the state government is facing problems with the Congress scheming to overthrow it," he said.

He added that the sanction was not valid as the governor didn't seek the advice of the council of ministers before taking steps to grant it.

Quite immune?
However, Bharadwaj being the constitutional head, was not made a party to the case as he enjoys immunity, while the principal secretary to the governor was made the respondents. However, lawyer P P Rao, appearing for Sirajin Basha and Balraj, who are also respondents, took objection to this.

He said, "A principal secretary is a government employee and therefore cannot be a respondent to the CM's petition." He said the question of the governor seeking advice from the council of minister does not arise as the cabinet had already decided against the sanction and the move was politically motivated to protect Yeddyurappa.