A Karnataka High Court advocate, Sachin S Deshpande, has written to Chief Justice of India Sanjiv Khanna expressing concerns over the handling of corruption cases involving former Karnataka Chief Minister BS Yediyurappa by the Supreme Court. Sachin alleged a pattern of judicial favouritism towards Yediyurappa, citing several pending cases since 2017 where the Supreme Court granted stays on corruption investigations against him, often without explanation.
“Should Yediyurappa seek a stay on corruption investigation against him, it is granted almost immediately by the Supreme Court… The stay so granted without any discussion in the order sheet is then continued without any variation for years - to date. However, when the prosecution - the Government of Karnataka and the Anti-Corruption Bureau approach the Supreme Court to
impugn judgments of the Karnataka High Court that have quashed criminal proceedings against Yediyurappa under the PC Act, the Supreme Court never addresses the prosecution's request for stay of the impugned judgment - for years, to date,” Sachin wrote.
He argued that the pattern of granting stays and delaying hearings, particularly in cases where the prosecution sought to stay High Court orders favourable to Yediyurappa, raised concerns about the appearance of judicial protectionism.
He highlighted the case filed by Alam Pasha against Yediyurappa regarding denotification of land for a housing project, where the Karnataka High Court ruled that no sanction was required for the prosecution of Yediyurappa under the Prevention of Corruption Act, 1988, as he had demitted office. This ruling was based on well-settled law laid down by the Supreme Court in multiple cases. However, when Yediyurappa filed an appeal in the Supreme Court, a stay on his arrest was granted without any explanation. This stay has remained in place for nearly four years.
Sachin also highlighted the denotification of 257 acres of land in Bengaluru's K Shivarama Karanth Layout. The Anti-Corruption Bureau (ACB) filed FIRs against Yediyurappa for his alleged role in the denotification while he served as Chief Minister from 2008-2011. The Karnataka High Court granted a stay on the ACB's investigation in September 2017. Despite ACB's appeals, the Supreme Court has not listed the case for hearing since November 2018, effectively stalling the investigation.
He said the delays undermined the Supreme Court's own directives for speedy disposal of corruption cases and contradicted established legal principles regarding stays under Section 19 of the Prevention of Corruption Act, 1988.