New Delhi: A special leave petition filed against former Karnataka chief minister BS Yeddyurappa in the mining scam was withdrawn on Monday after the complainant reportedly told the Supreme Court that the matter before the Chief Justice Bench and the Central Empowered Committee (CEC) "should be pursued without any hindrance". However the CEC recommendations for a CBI probe against Yeddyurappa will be heard by the SC. The fate of Yeddyurappa hangs in balance till the SC takes a decision on CEC recommendations. The SC-appointed CEC had recommended CBI probe in three corruption cases against Yeddyurappa.
On March 21, complainant Srijan Basha filed an SLP challenging a Karnataka High Court verdict that quashed the FIR registered by the state Lokayukta against Yeddyurappa.
In his petition, filed through counsel Prashant Kumar, Basha submitted that he was not made a party to Yeddyurapa's plea to the High Court against the Lokayukta decision and the High Court passed its judgement on March 7 without hearing him.
Basha argued that quashing the state Governor's sanction to prosecute Yeddyurapa was "bad in law and impermissible in law and against a catenate of judgement and position of law settled by the Apex court."
In a major legal triumph for the BJP state strongman BS Yeddyurappa, the Karnataka High Court had earlier declared as "bad in law" a chapter in the Lokayukta report that indicted him on illegal mining, causing his exit as chief minister and quashed the FIR against him based on it.
Basha argued in his petition that as the state did not contest the case in the High Court, he has reasons to believe "that neither the state nor Lokayukta police will prefer a Special Leave Petition due to political pressure and pressure by Yeddurappa."
He submitted the complaint filed by him before the Lokayukta regarding the transaction involving payment of money by South West Mining Corporation was made a ground of challenge in the writ petition, but despite this no notice was issued to him by the high court.
The complainant lamented that the findings of the High Court had adversely affected the trial of five other complaint cases filed by him before the Lokayukta on which summons have been issued to Yeddyurappa and other accused.
The petition further said the High Court, in exercise of its powers under Section 482 of CrPC, has "grossly erred by quashing the FIR on ground of denial of opportunity as FIR requires only prima facie material to commence investigation, which is very much on record and has been completely ignored by the high court".
A division bench of the high court comprising justices K Bhakstavatsala and K Govindarajulu had earlier on March 7, quashed Chapter 22 of the Lokayukta report on illegal mining, which had indicted him of committing various acts of omission and commission to favour a mining firm on the basis of which the FIR was filed.
(With additional information from PTI)