In a move that indicates Karnataka chief minister B.S. Yeddyurappa may have won a reprieve and would not be served an FIR as widely expected, the Lokayukta court hearing private complaints by advocate Sirajin Basha against the chief minister, on Thursday directed superintendent of police, Lokayukta Bengaluru, under Section 202 of the CrPC, to inquire into the matter — and not to investigate it — before submitting a report.
“Keeping in view the gravity of the case, the report has to be submitted within six weeks,” ordered Justice C.B. Hipparagi and postponed the issue of process to May 4, 2011.
“However, the court is not inclined to dismiss the complaints at this stage. Therefore, it is deemed appropriate to forward the matter under Section 202 of the CrPC to the premium investigation agency of the Lokayukta police Bengaluru for inquiry and submit the report to the court,” the court said in its order.
Mr Ravi B. Naik, senior advocate for Sohan Kumar, the chief minister’s son-in-law and one of the accused along with Mr Yeddyurappa and others, told this newspaper that there is no question of filing an FIR by the Lokayukta police, as it is directed to enquire and submit the report based on which the court will proceed further on the matter.
“When the private compliant was first lodged before the special court, it could have directed the Lokayukta police to investigate under the CrPC 156 before taking cognisance. Only then the police had all the powers under the CrPC to file FIR and further actions such as filing of charge sheet, arrest accused for investigation purposes,” said Sandeep Patil, advocate for Sohan Kumar.
He also said that once the court takes cognisance, it becomes supreme and no other agency has the authority to register an FIR.
“For issuance of process, the court requires material to look into whether the complaints have prima facie, for which the court itself will conduct investigation and any agency including the Lokayukta can assist in the matter. Now, the Lokayukta is asked to assist,” said Mr Patil.
However, C.H. Hanumantharaya, advocate for the complainants, said that sensing the gravity of the case, the Lokayukta can register the FIR and investigate even the role the senior officers who might have diplomatically assisted the CM in the matter.