Tuesday, 02 January 2024 12:17 GMT

Yediyurappa Gets Relief As Supreme Court Stays POCSO Case, Calls For Fresh Hearing Review


(MENAFN- Live Mint) The Supreme Court on Tuesday stayed the trial of former Karnataka Chief Minister and BJP leader BS Yediyurappa in a case registered against him under the Protection of Children from Sexual Offences (POCSO) Act, Bar and Bench reported. The stay order brings proceedings in the trial court to a halt while the apex court examines procedural concerns raised by the senior leader.

The Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi passed the order after hearing Yediyurappa's petition challenging the Karnataka High Court's refusal to quash the case, the Bar and Bench report added.

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The bench also issued a notice to the Karnataka government, seeking its response to Yediyurappa's plea. The limited question before the Court is whether he is entitled to have his petition heard on merits by the High Court-an issue Yediyurappa's legal team argues was incorrectly foreclosed during earlier proceedings.

In its order, the Supreme Court observed:“The coordinate bench has misconstrued the previous decision dated so and so while holding that in light of the decision in the previous round, the petition cannot be heard on merits. Hence, we issue notice for the limited purpose as to decide afresh in light of liberty granted to the petitioner, wide order date Feb 7, 2025.”

Senior Advocate Sidharth Luthra, appearing for Yediyurappa, earlier argued that the High Court had ignored key evidence.

Also Read | Karnataka HC stays summons to ex-CM BS Yediyurappa in POSCO case

"There are certain statements which prosecution suppresses. High Court has ignored facts that there are people present saying nothing as such happened. He has been four times Chief Minister," the senior counsel said.

Bar and Bench quoted CJI Kant saying, "How can you compel High Court to hold a mini trial?"

The matter will now return to the Karnataka High Court for reconsideration on the narrow question of whether Yediyurappa is entitled to a full hearing on the merits of his challenge.

What is the case against Yediyurappa?

The criminal proceedings against former Karnataka Chief Minister BS Yediyurappa stem from allegations made by a woman who claimed he sexually harassed her 17-year-old daughter. According to the complaint, the teenager had accompanied her mother to Yediyurappa's residence seeking assistance when the alleged incident occurred. The complainant-who has since passed away-filed her statement with the police on 14 March 2024, further alleging that the BJP veteran attempted to silence her by offering money.

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Following her complaint, an FIR was registered under Section 8 of the POCS Act and Section 354A of the Indian Penal Code, both relating to sexual harassment of a minor. On 4 July 2024, the trial court took cognisance not only of the POCSO allegations against Yediyurappa but also of charges against three others under Sections 204, 214 and 37 of the IPC, which deal with the destruction of evidence and offering inducements to shield an accused.

Yediyurappa challenged this order before the Karnataka High Court, arguing that the trial judge's reasoning was perfunctory. The High Court agreed, describing the July order as insufficiently reasoned, and directed the trial court to revisit the issue of cognisance.

Also Read | Karnataka High Court stays BS Yediyurappa's arrest in POCSO case

A fresh order was subsequently issued by the Fast Track Special Court on 28 February 2025, directing Yediyurappa and the other accused to appear in person on 15 March. Yediyurappa then returned to the High Court seeking to have both the complaint and the renewed cognisance order quashed, contending that the case was politically motivated and internally inconsistent.

The High Court declined to grant him relief, leading him to escalate the matter to the Supreme Court, which has now stayed the trial and sought the State's response.

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