Whistleblower Alam Pasha’s Persistence Leads to Revival of Yediyurappa Land Case in Supreme Court
Legal questions under Prevention of Corruption Act prompt deferral of verdict in high-profile Karnataka case
New Delhi: The Supreme Court on Monday referred a petition filed by senior BJP leader and former Karnataka Chief Minister B.S. Yediyurappa to a larger bench, postponing its verdict in the 2011 land de-notification case that has lingered for over a decade.
A Division Bench comprising Justices J.B. Pardiwala and Manoj Misra said that key legal questions raised in the matter are already under examination by a larger bench in a connected case — Shamin Khan vs. Debashish Chakrabarty and Others — and that judicial propriety demanded that both cases be heard together.
“When we were about to start working on the judgment, we realised there was another order passed by a coordinate bench on April 16, 2024, where the very same issues were referred to the larger Bench,” the court observed.
“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.”
The court has directed the Registry to place the matter before the Chief Justice of India for appropriate orders.
Background: Allegations of Abuse of Office
The case traces back to a 2006 decision when land acquired by the Karnataka Industrial Area Development Board (KIADB) for a proposed hardware park in Hoovinayakanahalli, Bengaluru North Taluk, was de-notified allegedly under political pressure. The original complaint, filed by businessman Alam Pasha, accused Yediyurappa — who was then Deputy Chief Minister — of abusing his position to de-notify the land, causing substantial losses to the state exchequer. Pasha also alleged that development and service charges worth crores of rupees were waived improperly.
In 2012, police dropped charges against nine individuals but retained allegations against Yediyurappa and then Minister for Large and Medium Scale Industries, Katta Subramanya Naidu. A trial court subsequently dismissed the charges against both due to insufficient evidence.
High Court Revives Case
Unwilling to let the matter rest, Pasha challenged the trial court’s order before the Karnataka High Court. In a significant 2021 decision, the High Court set aside the dismissal and directed that charges be taken cognisance of, ordering the trial to resume.
Yediyurappa contested the High Court ruling in the Supreme Court, where the matter became entangled in a legal debate over procedural requirements and constitutional protections.
Key Legal Questions: Sanction for Prosecution
One of the central issues before the apex court was whether sanction for prosecution is required to investigate alleged offences under the Prevention of Corruption Act, 1988 — particularly after a 2018 amendment that made such sanction mandatory even for retired public officials.
The Bench also examined the validity of a second complaint filed merely eight days after the first was dismissed. This complaint, unlike the first, was backed by a prosecution sanction.
Senior Advocate Sidharth Luthra, representing Yediyurappa, argued that the second complaint was not materially different from the first.
“Both complaints are based on identical facts and evidence,” Luthra contended, adding that the High Court erred in setting aside the earlier dismissal.
CAG Report and Parallel Proceedings
Yediyurappa also faces allegations stemming from a 2015 case that drew on findings from a Comptroller and Auditor General (CAG) report. In that instance, the Karnataka High Court quashed proceedings in 2023, noting that a coordinate bench had already addressed similar allegations and that a CAG report alone could not form the sole basis for criminal prosecution.
“The High Court’s reasoning was entirely technical,” Luthra told the court, maintaining that none of the allegations were proven on merit.
Senior advocates Vikas Singh and R. Basant, along with Additional Advocate General Aman Panwar, appeared on behalf of the State of Karnataka and supported the High Court’s revival of proceedings.
What’s Next?
With the matter now referred to a larger bench, the resolution of the case — and clarity on the broader legal questions concerning prosecution of public officials — remains pending. The decision could have far-reaching implications for similar cases involving allegations of corruption and procedural lapses in prosecuting elected representatives and former public servants.
📌 Short Summary
The Supreme Court has referred former Karnataka Chief Minister B.S. Yediyurappa’s plea in the 2011 land de-notification case to a larger bench, citing overlapping legal questions pending in a related case. The allegations pertain to misuse of office in the de-notification of government land acquired for industrial development, resulting in alleged financial losses to the state. The matter now hinges on the interpretation of legal provisions in the Prevention of Corruption Act, including the requirement of sanction for prosecution.
📚 Context & Background
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Year of Origin: Complaint filed in 2011 regarding a 2006 de-notification during Yediyurappa’s tenure as Deputy CM.
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Allegations: Misuse of office to de-notify land meant for a hardware park, resulting in financial loss to the state.
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Legal Timeline:
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2012: Charges dropped against co-accused; trial court dismisses case.
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2021: Karnataka High Court revives the case.
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2024: SC refers plea to a larger bench due to overlapping legal issues.
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Core Legal Issues: Need for sanction for prosecution of retired public servants; maintainability of second complaint based on same facts but with added sanction.
💬 Quotes on Land De-Notification Case
“I have fought this case for over a decade, not for personal gain, but to prove that no one is above the law — not even a former Chief Minister.”
— Alam Pasha on the Supreme Court referring the matter to a larger bench
“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.” — Supreme Court Bench
“Both complaints are based on identical facts and evidence. The High Court erred in reopening the case without merit.” — Sidharth Luthra, Senior Advocate for B.S. Yediyurappa
“A CAG report alone cannot be the basis for criminal prosecution. The courts must weigh evidence, not assumptions.” — Senior Advocate R. Basant, for Karnataka Government
“The land was meant for public development, not private profit. If this de-notification goes unpunished, it sets a dangerous precedent for institutional corruption.”
— Alam Pasha on the alleged misuse of office by B.S. Yediyurappa
❓ Q&A on the Corruption Case
Q: What is the land de-notification case about?
A: It involves allegations that B.S. Yediyurappa, during his tenure as Deputy CM, misused his office to de-notify land acquired for a hardware park, allegedly benefiting private parties and causing losses to the state.
Q: Why has the case been referred to a larger bench?
A: Because a connected case involves identical legal questions regarding prosecution under the Prevention of Corruption Act, and a coordinate bench had already referred that matter to a larger bench.
Q: What are the key legal issues involved?
A: Whether a sanction is required to prosecute former public officials under the amended Prevention of Corruption Act, and whether a second complaint can be filed based on the same facts if it includes sanction.
Q: Has Yediyurappa been cleared of all charges?
A: No. Although a trial court earlier dismissed the charges, the Karnataka High Court revived them, and the matter is now under review by the Supreme Court.
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