SC stays lower court proceedings against BSY in a Bribery case

The Supreme Court has stayed lower court proceedings against former Karnataka chief minister BS Yediyurappa in connection with a bribery case.

A bench of Justices DY Chandrachud and Hima Kohli issued notices in an appeal against the Karnataka High Court order. Earlier this month, the high court had restored a private complaint filed against Yediyurappa, his son and others. The complaint had been earlier dismissed by a special court for want of sanction from the governor.

The matter pertains to alleged bribes received by the accused towards a Bengaluru Development Authority project and siphoning off the proceeds of the same through alleged shell co- mpanies when Yediyurappa was in office.


The complainant had contended before the high court that since no response was received by him to his letters in November 2020 seeking sanction, the sanction can be deemed to have been received.

The instant appeal argued that the high court's decision renders void the protection of sanction being necessary in cases involving public servants. Senior advocates Mukul Rohatgi and Siddhartha Dave, appearing on behalf of the former CM, argued the order in challenge was in violation of a Supreme Court's ruling where it was held that a magistrate cannot order an investigation under Section 156(3) of the Criminal Procedure Code without sanction.

They contended the Prevention of Corruption Act required sanction before conducting any inquiry or investigation of offences relatable to recommendations made or decisions taken by public servants in discharge of official functions or duties.