Corruption case: SC refers to larger Bench issues over ex-CM Yediyurappa plea

Does a probe agency need a prior sanction under the Prevention of Corruption Act after a magisterial court order of inquiry to prosecute a public servant?

Faced with this legal question, the Supreme Court on Monday referred to a larger bench the issues arising out of senior BJP leader and former Karnataka Chief Minister BS Yediyurappa’s petition challenging the Karnataka High Court’s order reviving a corruption case against him.

A Bench of Justice JB Pardiwala and Justice Manoj Misra – which had on April 4 reserved its verdict on Yediyurappa’s petition – noted that it has come across a April 16, 2024, order of a coordinate Bench referring similar questions to a larger Bench in a separate case.

Citing the principle of “judicial propriety”, Justice Pardiwala on Monday said on this aspect alone Yediyurappa’s petition was being sent to the Chief Justice of India for setting up a larger Bench.

“We deem it appropriate to tag these petitions to the referred matter Manju Surana v. Sunil Arora,” Justice Pardiwala said, directing the top court’s Registry to place these matters before the CJI. The Bench listed out seven legal questions for adjudication by the larger Bench.

Allowing Bengaluru-based A Alam Pasha’s petition, the Karnataka High Court had on January 5, 2021, revived his complaint against Yediyurappa, former Industries Minister Murugesh R Nirani and Shivaswamy KS – a former managing director of Karnataka Udyog Mitra. Pasha alleged charges of corruption and criminal conspiracy against Yediyurappa, Nirani and Shivaswamy KS.

India