Supreme Court refers BS Yediyurappa land de-notification case to larger bench
New Delhi: The Supreme Court on Monday referred a plea by Bharatiya Janata Party (BJP) leader and former Karnataka Chief Minister BS Yediyurappa to a larger bench, deferring its verdict in the 2011 land de-notification case.
The Division Bench of Justices JB Pardiwala and Manoj Misra noted that the legal questions involved in the matter were already pending before a larger bench in a connected case.
“When we were about to start working [on the judgment], we realised there was another order passed by coordinate bench on 16th April 2024 — Shamin Khan vs. Debashish Chakrabarty and Ors — the very same issues are referred to the larger Bench,” the Bench observed. “We felt propriety demands [that this matter also be referred to same Bench]… In this order also, we have formulated the issues… In the interest of judicial discipline, the coordinate bench of this court has refrained from proceeding further in deciding the underlying issue, which is under reference to a larger bench. We deem it appropriate to tag these petitions with the referred matter.”
The Court directed the Registry to place the matter before the Chief Justice of India for appropriate orders.
The case concerns allegations that government land acquired by the Karnataka Industrial Area Development Board (KIADB) for establishing a hardware park in Hoovinayakanahalli, Bengaluru North Taluk, was illegally de-notified, causing significant loss to the State exchequer. The original complaint, filed by Alam Pasha, alleged that Yediyurappa, then Deputy Chief Minister in 2006, had abused his position in the de-notification process. The complaint also claimed that service and development charges worth crores were waived.
In 2012, police dropped charges against nine co-accused but named Yediyurappa and then Minister for Large and Medium Scale Industries, Katta Subramanya Naidu. However, a trial court later dismissed the complaint against both leaders due to lack of evidence.
Pasha challenged this dismissal before the Karnataka High Court, which in 2021 set aside the trial court order and directed that charges against Yediyurappa and Naidu be taken cognisance of and the trial be resumed. This High Court decision was subsequently challenged by Yediyurappa in the Supreme Court.
During the hearings, the apex court examined whether prior sanction was required to investigate the alleged offences under the Prevention of Corruption Act, 1988, particularly after the 2018 amendment mandating sanction even for retired public servants.
The Bench also deliberated on the maintainability of a second complaint, filed just eight days after the first was dismissed, on the sole ground that the latter included a sanction for prosecution. Senior Advocate Sidharth Luthra, appearing for Yediyurappa, argued that both complaints were based on identical facts and evidence, and that the High Court had erred by quashing a related 2015 case purely on technical grounds without examining its merits.
In that 2015 case, based on a report by the Comptroller and Auditor General (CAG) of India, Yediyurappa faced similar allegations of misuse of office. The Karnataka High Court quashed the case in 2023, holding that a coordinate bench had already dealt with related allegations and that a CAG report alone could not serve as a basis for criminal prosecution.
Senior Advocates Vikas Singh and R Basant, along with Additional Advocate General Aman Panwar, appeared for the State of Karnataka.
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Shaheen Group of Educational Institutions announces special scholarships for 1,000 students
Bengaluru: Shaheen Group of Educational Institutions is announcing special scholarships for 1000 students of government and aided schools for the current academic year, announced Dr. Abdul Qadeer, head of Shaheen Group of Educational Institutions on Tuesday.
Addressing a press conference at the Bift Hall of the Darussalam Building on Queen's Road in the city, he said that students who have obtained more than 90% marks in the SSLC examination and have studied in Kannada, Urdu or English medium in government and aided schools in the state can apply for this scholarship.
Selected students will be granted a 75% tuition fee waiver to study at Shaheen PU Colleges located in various parts of the country. Dr. Abdul Qadeer said the initiative aims to support students from families below the poverty line.
Eligible students can apply by visiting the nearest Shaheen college or by applying online at www.shaheengroup.org. The last date to apply is May 15. Interviews for shortlisted applicants will be conducted on May 18 at Shaheen colleges. Priority will be given to students from rural areas, children with disabilities, and orphans.
Dr. Abdul Qadeer also introduced the CARES initiative, which aims to ensure that no child is deprived of education due to financial constraints. Under this scheme, if religious institutions such as mosques, Baitul Maal, temples, or churches come forward to cover 40% of the education expenses of children from the poorest backgrounds, the Shaheen Foundation will contribute the remaining 60% as a scholarship.
He also mentioned that the Minority Welfare Department of Karnataka has decided to provide secular education alongside religious education in 100 madrasas. Work has already begun in 97 madrasas under this initiative. There is scope for enrolling nearly 2,000 school dropouts. Children above the age of 12 will be trained and prepared to pass the SSLC examination within two years, he said.
Meanwhile, Dr. Abdul Qadeer also announced that the Shaheen Group of Educational Institutions has signed an agreement with M.S.I.T. Medical College, a government-run institution in Tajikistan. Indian students who wish to pursue MBBS studies will be enrolled there, and the curriculum will be based on Indian standards. A total of 500 students will be admitted under this program. After completing the MBBS course, students will be trained for India’s qualifying examination. For more information, students are requested to call the helpline number 9686601088 or visit the website www.msitshaheen.com.
Educationist Syed Tanveer Ahmed, Shaheen Group of Educational Institutions Acting Head Sheikh Shafiq, Chief Executive Officer Tausif Ahmed, Director Asif Ali were present at the press conference.
