SC judge recuses from hearing BSY case

A Supreme Court judge on Monday recused from hearing a plea challenging quashing of sanction for prosecution to ex-Karnataka Chief Minister B S Yeddyurappa in land scam cases.

Justice J Chelameswar, while presiding over the bench, also comprising Justice Sanjay Kishan Kaul, withdrew himself from considering the pleas filed by Sirajin Basha and the Karnataka government. “List the matters before the bench of which one of us (Justice J Chelameswar) is not a member,” the court ordered.Notably, Justice Chelameswar-led bench had heard the matter on a number of dates since December 16, 2015.

The petitioner has challenged the November 24, 2015 order of the Karnataka HC that had quashed the sanction granted by the previous governor Hansraj Bharadwaj for the prosecution of Yeddyurappa.

The high court had cited “uneasy relationship” between Yeddyurappa and the then governor Bharadwaj and set aside the January 21, 2011 sanction. It had also noted that the governor did not advert to the advice of the Council of Ministers in granting permission for prosecution of the senior BJP leader in five cases of land denotification. Subsequently, present governor Vajubhai Vala had also on December 4, 2015 declined sanction for prosecution of Yeddyurappa. The government has also filed SLP to challenge the relief granted to the BJP leader.

A Supreme Court judge on Monday recused from hearing a plea challenging quashing of sanction for prosecution to ex-Karnataka Chief Minister B S Yeddyurappa in land scam cases.

Justice J Chelameswar, while presiding over the bench, also comprising Justice Sanjay Kishan Kaul, withdrew himself from considering the pleas filed by Sirajin Basha and the Karnataka government. “List the matters before the bench of which one of us (Justice J Chelameswar) is not a member,” the court ordered.Notably, Justice Chelameswar-led bench had heard the matter on a number of dates since December 16, 2015.

The petitioner has challenged the November 24, 2015 order of the Karnataka HC that had quashed the sanction granted by the previous governor Hansraj Bharadwaj for the prosecution of Yeddyurappa.

The high court had cited “uneasy relationship” between Yeddyurappa and the then governor Bharadwaj and set aside the January 21, 2011 sanction. It had also noted that the governor did not advert to the advice of the Council of Ministers in granting permission for prosecution of the senior BJP leader in five cases of land denotification. Subsequently, present governor Vajubhai Vala had also on December 4, 2015 declined sanction for prosecution of Yeddyurappa. The government has also filed SLP to challenge the relief granted to the BJP leader.

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