Sunday, 27 January 2013

MINING OWN BUSINESS! DOUBLE SHOCK FOR YEDURAPPA! NAMED IN LOKAYUKTA MINING REPORT-ASKED TO QUIT-REVOLTS HIGH COURT VACATES STAY OVER HIS PROSECUTION


                                  
Firoz.T.Totanawala

The Bangalore Metro Reporter

1st August 2011 issue-




                          MINING OWN BUSINESS!

                      DOUBLE SHOCK FOR YEDURAPPA!
NAMED IN LOKAYUKTA MINING REPORT-ASKED TO QUIT-REVOLTS
HIGH COURT VACATES STAY OVER HIS PROSECUTION

B. S. Yeddyurappa, is now in deep trouble. The Lokayukta report on mining has exposed his corruption in all its nakedness and has dealt a serious blow to him. And within hours, the High Court also has not only vacated the stay over his prosecution but also dismissed the petition challenging his prosecution. The report ‘leak’ episode has also damaged his reputation. Now the law of the land which was ‘blocked’ by Yedurappa & Co. till now is slowly but steadily catching up with him and the time has come for Yedurappa to reap what he sow.

LOKAYUKTA BANG!

Even before the official submission of the Lokayukta report to the Government, some extracts of it was ‘leaked’! The Lokayukta Santosh Hegde has taken serious exception to the ‘leak’ and alleged that his ‘phone’ was tapped! The phone tapping is a serious offence and it is next to impossible to tap the phones of VIPs without the specific permission of the Chief Minister and that too, in cases where the concerned person was suspected of anti-national activities. Nobody in his wildest dream can imagine the ‘tapping’ of Santosh Hegde’s phone and now that, Lokayukta himself has talked of the ‘tapping’, one should squarely blame the Chief Minister to this offence. Besides, the circumstances surrounding the entire episode also point accusing finger at Yedurappa.

As the D- day of submission of Lokayukta Santosh Hegde mining scam report approached, Yedurappa knew well that his role will be exposed and was making efforts to find excuses to reject the report after its submission to the Government. If the report is ‘leaked’ before its submission, it can be a strong excuse for rejecting the same. In fact, the Government has already ‘rejected’ the Balasubramanian report on land encroachment precisely on this reason. Encroachment of Government lands to the tune of more than 12 lakh acres in the state, has named many political big wigs including Yedurappa who had contributed to the land grabbing.

And now Yedurappa wanted to use the ‘leak’ factor again to discredit and reject it. However, the ‘leak’ itself could not weaken the ‘exposure’ contents of the report. The so called ‘leak’ was only a part of the 9000 page report and as the Lokayukta himself said, there are much more serious issues and villains in the exhaustive report. As such, there is no danger of the ‘leak’ killing the report itself.

On the contrary, it is not easy for the Yedurappa to reject the ‘report’ on the pretext of ‘leak’. Even if he tries to reject the report, there will be a backlash of public opinion. The BJP High Command will be hard put to defend the rejection of the report. In fact, Yedurappa shall have to provide ‘valid’ reasons for rejection of the report, particularly so, when his name is mentioned prominently.
Moreover, the Supreme Court too had taken the ‘Interim Report’ of Lokayukta Santosh Hegde seriously. Its importance can be adjudged by the fact that the Supreme Court had asked the CEC to include a representative of the Lokayukta in the probe! On any account, Yedurappa will not be in a position to reject the report.

Still, some sycophants of Yedurappa are preparing the ground for rejection. It may be recalled that Dhananjaya Kumar had also tried to influence Lokayukta Santosh Hegde, to leave out Yedurappa’s name in the report for which he got the snub. Keeping low for few days, Dhananjay is now attacking the Lokayukta personally. As on now, Yedurappa stands exposed in the report not only for his protection to illegal mining lobby but also for his personal gain from the mining loot.

Interestingly Nitin Gadkari, the national BJP President had earlier said that the BJP can take action only after the Lokayukta report, and that too if the Lokayukta finds him guilty. Now that Yedurappa’s corrupt practices, nepotism and favouritism has been proved by the Lokayukta report, Gadkari had to honour his words! More than anything, Yedurappa could have saved his face, to some extent, by gracefully resigning from the CM post himself taking the plea that his name has appeared in the Lokayukta report! But, he did not resign on his own and was forced to quit by the national BJP leaders.

HIGH COURT BANG!

In addition, Yedurappa has received another serious blow in his survival game with the High Court vacating the stay and dismissing the Writ Petition by his son-in-law Sohan Kumar over his prosecution. To recall, two advocates had filed criminal complaints against Yedurappa, his family, some ministers and officials under Prevention of Corruption Act after obtaining the sanction from the Governor. The CBI court had directed the Lokayukta police to investigate the complaints. Yedurappa’s son-in-law Sohan Kumar had challenged the court’s order and obtained stay from the High Court over the Lokayukta police investigation.

The ‘stay’ was challenged in the Supreme Court by the complainant advocates who remanded the case back to the High Court for decision. The High Court heard the matter and has vacated the ‘stay’ paving the way for investigation by the Lokayukta police.

It is another matter that Yedurappa’s legal advisors have foreseen this possibility and so to pre empt this move, made Yedurappa himself to challenge the sanction given by the Governor for his prosecution under Prevention of Corruption Act. In fact, Ram Jethmalani the noted lawyer was brought to Bangalore to plead the case of Yedurappa and to obtain a ‘stay’ against the Governor’s sanction. But the single Judge referred the case to a Division Bench which will take a long time as constitutional matters are involved and Yedurappa’s hope in this regard has been dashed. To add salt to the injury, the High Court dismissed the petition of Sohan Kumar and the Lokayukta police will start investigations against Yedurappa and others and submit the report to the CBI Court within six weeks. If the Lokayukta police file the report, the court will issue summons to the accused including Yedurappa.

It is to be recalled that when the CBI court gave directions to the Lokayukta Police to investigate the complaint and submit the findings, Yedurappa had managed the Lokayukta police to delay taking up the investigations on the pretext of obtaining legal opinion in this regard and used the ‘two days’ of reprieve to get the stay from the High Court over the investigations. With the High Court ‘Vacating’ the stay after five months, the Lokayukta police have to conduct the investigations and that means more trouble for Yedurappa.

FACE OFF

No doubt, Yedurappa knew the contents of the Lokayukta report during its preparation, through his own sources and phone tapping. After ensuring that the report gets leaked which may be used as a tool to reject the report, he flew to Mauritius. Now Yedurappa can postpone his exit till the court gives verdict in the cases filed against him under Prevention of Corruption Act. And that will be some years from now.

The political propriety, moral values, etc. demanded that Yedurappa resigned himself. The BJP High Command is taking high moral stand against the corruption, but, Yedurappa stands as an anti-thesis to all these. More than anything, it is the public opinion that makes or breaks a politician’s or political party’s fortunes. Surely, the public opinion is against Yedurappa. The best way for Yedurappa was to exit with grace which could have saved face for both him and BJP.

But after all, the lust for power is all powerful; Yedurappa proclaimed that he will not resign. However, the BJP high command has finally decided to discard their highly tainted CM,  Yedurappa hesitated to resign and dictated terms even to high bosses. He sought time and successfully garnered the support of his party members. The political scenario in Karnataka became tense as the in fight between the State and National unit of BJP became apparent. There are turn of events every moments and only time will tell us the political outcome of this magnanimous political drama. 

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