Big court verdict day on Feb 7 for Karnataka – CM Siddaramaiah in Muda case, former CM Yediyurappa in Pocso case

The aforesaid seat is besides scheduled to denote its verdict connected Friday successful a plea filed by erstwhile BJP CM B S Yediyurappa for the quashing of a lawsuit filed against him nether Protection of Children from Sexual Offences (Pocso) Act successful March 2024 – wherever a chargesheet has been filed by the Criminal Investigation Department of the Karnataka Police.

Siddaramaiah’s Muda case

The precocious tribunal reserved its judgement connected January 27 successful a plea filed by RTI activistic Snehamayi Krishna for a CBI probe into onshore grants made by Muda to the existent Karnataka Congress CM Siddaramaiah’s household successful 2021 erstwhile the BJP was successful powerfulness successful the state.

The RTI activistic who obtained a authorisation from Karnataka Governor Thaawarchand Gehlot to prosecute the Karnataka CM was granted clearance by the precocious tribunal connected September 24, 2024, to question an probe into Muda onshore allotments to Siddaramaiah’s family.

A peculiar tribunal ordered an probe by the Karnataka Lokayukta constabulary connected September 25, 2024, aft the RTI activistic sought a probe by the Lokayukta, the CBI oregon immoderate different agency. The RTI activistic nevertheless approached the precocious tribunal again connected September 28 – a mates of hours earlier the Lokayukta constabulary registered an FIR – to question a CBI probe successful the matter.

The Lokayukta constabulary were primitively owed to taxable their probe study connected December 28, 2024, to the peculiar tribunal – which ordered the probe – and submitted a study connected its investigations to the HC connected January 27.

Justice Nagaprasanna reserved his bid connected the plea for a CBI probe aft taking connected grounds the sealed screen containing the probe study of the Lokayukta police.

While taking the probe study connected grounds and reserving the judgment, the precocious tribunal besides extended the clip for the proceedings tribunal to person the Lokayukta constabulary study until the day of the judgment.

During the arguments, connected January 27, the precocious tribunal indicated that it would peruse the study of the Lokayukta constabulary and determine connected the plea for a CBI probe. The advocates for Siddaramaiah argued that a determination connected the study is the prerogative of the proceedings tribunal and not the Karnataka HC.

The precocious tribunal was informed by the advocates for Siddaramaiah that the RTI activistic himself had sought a probe by the Lokayukta constabulary oregon the CBI oregon immoderate different bureau successful the archetypal lawsuit and a probe by the Lokayukta constabulary was ordered by the peculiar court.

It was argued connected behalf of the main curate that the HC seat cannot suo motu decide connected the request for a CBI probe aft perusing the probe study since the substance falls successful the jurisdiction of the peculiar tribunal which ordered the Lokayukta constabulary investigation.

The RTI activistic who filed the plea for a CBI probe successful the Muda lawsuit of onshore allotment to Karnataka CM Siddaramaiah’s woman B M Parvathi argued that the Lokayukta constabulary were not investigating the lawsuit effectively. The complainant has sought a CBI probe successful the substance connected the grounds that the Lokayukta constabulary relation nether the purview of the authorities government.

The lawsuit is centred astir 14 sites worthy Rs 56 crore that were allotted to CM Siddaramaiah’s woman arsenic compensation by Muda successful the twelvemonth 2021 erstwhile the BJP was successful powerfulness – aft astir 3.16 acres of onshore which were talented to the CM’s woman by her member successful 2010 had been “wrongfully” acquired by Muda successful 2014.

Karnataka CM Siddaramaiah has argued successful nationalist that determination was nary wrongdoing oregon corruption connected his portion successful the allotment of 14 lodging sites by Muda to his woman during the BJP’s tenure.

The woman of the main curate has meantime returned the 14 compensation sites allotted to her by Muda nether a arguable 50:50 scheme.

In his September 24, 2024, bid facilitating a probe against the Karnataka CM and his kin, Justice Nagaprasanna had raised questions with respect to the worth of the archetypal land vis-a-vis the worth of the onshore allotted successful compensation.

Siddaramaiah has filed an entreaty successful the HC against the single-judge bid of September 24, 2024, which facilitated the probe into the alleged illegalities successful the allotment of the Muda lodging sites to his wife. A part seat is owed to perceive the entreaty connected March 22.

Yediyurappa’s Pocso case

Former Karnataka CM B S Yediyurappa, 81, who was accused successful March 2024 by the parent of a teen of sexually inappropriate behaviour has sought the quashing of an FIR registered against him nether the Pocso Act.

The CID portion of the Karnataka Police filed a complaint expanse against the erstwhile BJP CM and 3 others connected June 27 successful the Pocso case.

The CID filed the chargesheet nether Section 8 (sexual assault) of the Pocso Act, and Sections 354 A (sexual harassment), 204 (destruction of evidence), and 214 (offering gifts to soundlessness the victim) of the Indian Penal Code (IPC).

A peculiar tribunal for Pocso cases took cognizance of the complaint expanse connected July 6 past twelvemonth and issued a summons for the erstwhile CM and others.

The Karnataka HC ruled connected June 14, 2024, that Yediyurappa should not beryllium arrested successful the Pocso lawsuit and later, connected July 12 of the aforesaid year, allowed the exemption of Yediyurappa and 3 others from appearing successful tribunal connected the ground of the July 6 summons.

Although nary enactment was issued by the precocious tribunal against the proceedings successful the peculiar court, the Pocso tribunal proceedings were stalled connected relationship of Yediyurappa seeking the quashing of the chargesheet successful the precocious court.

In November 2024, the Karnataka authorities moved an exertion successful the precocious tribunal for withdrawal of the exemption granted to Yediyurappa from appearing successful the proceedings tribunal and sought a clearance from the HC for proceedings to proceed successful the proceedings court.

The precocious court’s attraction was drawn by the peculiar nationalist authoritative to Section 35 of the Pocso Act which specifies that the grounds of the kid unfortunate of intersexual offences indispensable beryllium recorded wrong 30 days of the proceedings tribunal taking cognizance of a lawsuit filed nether the Pocso Act.

The Karnataka HC successful a 2021 judgement by Justice B V Nagaratna and Justice M G Uma had directed judges of peculiar courts for Pocso cases to comply with Section 35 of the Pocso Act successful the substance of signaling of grounds of the unfortunate kid and the decision of the proceedings wrong the stipulated clip (one period aft taking cognizance and 1 year, respectively).

Justice Nagaprasanna observed successful September 2024 that agelong delays successful the proceedings process of cases of intersexual offences against children, contempt the Pocso Act mandating completion of proceedings successful a year, enactment the full judicial strategy to shame. The reflection was made successful a Pocso lawsuit wherever the unfortunate was killed and the substance remained pending for implicit 7 years.

According to the constabulary ailment filed by the insignificant victim’s parent connected March 14, 2024, she visited the location of Yediyurappa connected February 2, 2024, with her girl to question justness successful an earlier lawsuit of intersexual battle by a comparative connected her girl erstwhile the erstwhile CM allegedly touched her girl inappropriately.

Three associates of the erstwhile CM – Arun Y M, Rudresh M, and Y Mariswamy – are besides accused successful the lawsuit nether Sections 204 and 214 of the IPC for allegedly destroying grounds by deleting a video signaling of the victim’s mother’s confrontation with Yediyurappa implicit the incident.

The advocates for the erstwhile CM person questioned the validity of the FIR which was registered implicit a period aft the alleged incidental and the credibility of the victim’s parent – who passed distant a fewer months aft filing the case.

The defence advocates person argued that the unfortunate and her parent besides met Yediyurappa aft the alleged incidental and earlier the filing of the FIR.