A Special MP/ MLA Court in Karnataka has refused to drop the investigation against Chief Minister BS Yediyurappa in an alleged case of corruption relating to denotification of prime land in Bengaluru in 2006, when he was then the Deputy CM.
The Court of Addl. City Civil & Sessions Judge, Shridhar Gopalakrishna Bhat, rejected the 'B' Final Report submitted by the Lokayukta Police. It noted that the investigating officer (IO) has not applied mind on the relevant matters to be investigated but has proceeded to form an opinion on the basis of "irrelevant and unconnected" materials, Live Law reported.
The IO had gone to the extent of investigating the matter with regard to the properties denotified by Yediyurappa during his term as Chief Minister, which was not referred for investigation at all. Thus, it was held that the IO's opinion is ‘untrustworthy and cannot be accepted’.
The court observed, "Either the I.O. has mis-directed himself in the matter of investigation or conducted the investigation without understanding what is to be investigated. It appears that the I.O. had taken much pain to investigate some unconnected matters relating to the present accused and filed a Final Report for the purpose of filing the same before the Court...The material so collected as stated supra demonstrates that how the I.O. has ignored the material facts during investigation and exhibited his casual approach in the matter of investigation. The entire investigation made by the I.O. is in a perfunctory manner and against the approach of the prudent person.”
The court further noted that even the ADGP concerned did not consider the Final Report properly while approving it to be submitted before the court.
It therefore held, "In the present case, on independent application of judicious mind to the facts emerging from the 'B' Final Report would prima facie indicate that the I.O. did not conduct the investigation properly as required on the matter referred for investigation so as to thrash out the underlying truth. As discussed in detail, the investigation so carried out by the I.O. appears to be ineffective, incomplete, defective and does not inspire the confidence of this Court. Since the Final Report submitted the I.O. does not instill confidence of the Court, the first option available to the Court to accept the Final Report and to drop the proceedings cannot be opted."
The court has directed the concerned Deputy Superintendent of Police to investigate the matter further in the light of the observations made in the order and to file Final Report/ Additional Final Report expeditiously, as per law.
