A Karnataka High Court lawyer Sachin S Deshpande has written to Chief Justice of India Sanjiv Khanna expressing concern over the Supreme Court’s handling of corruption cases involving former Karnataka Chief Minister BS Yediyurappa. Sachin has alleged a pattern of judicial favoritism towards Yediyurappa, citing several pending cases since 2017 in which the Supreme Court granted stays in corruption investigations against him, often without explanation.

“Where Yediyurappa seeks a stay of the corruption probe against him, it is granted almost immediately by the Supreme Court… The stay thus granted without any discussion on the order sheet is then continued without any change for years – until at present. However, when the prosecution – Government of Karnataka and the Anti-Corruption Bureau approach the Supreme Court to

Challenges the Karnataka High Court judgments quashing the criminal proceedings against Yediyurappa under the PC Act, the Supreme Court never addresses the prosecution’s plea to stay the impugned judgment – for years, until now,” Sachin wrote.

He argued that the pattern of granting stays and postponing hearings, particularly in cases where the prosecution sought to stay High Court orders favorable to Yediyurappa, raised concerns about the aspect of judicial protectionism.

He highlighted the case filed by Alam Pasha against Yediyurappa regarding denotification of land for a housing project, where the Karnataka High Court ruled that no sanction was necessary to prosecute Yediyurappa under the Prevention of Corruption Act of 1988, because he dismissed the mandate. This ruling was based on the well-settled law laid down by the Supreme Court in several cases. However, when Yediyurappa filed an appeal in the Supreme Court, his arrest was stayed without any explanation. This stay has remained in place for nearly four years.

Sachin also highlighted the denotification of 257 acres of land in K Shivarama Karanth Layout in Bengaluru. The Anti-Corruption Bureau (ACB) filed the FIR against Yediyurappa for his alleged role in denotification while he was the chief minister from 2008-2011. The Karnataka High Court granted a stay on the ACB investigation in September 2017. Despite appeals by the ACB, the Supreme Court did not list the case for hearing as of November 2018, effectively stalling the investigation.

He said the delays undermined the Supreme Court’s own directives for speedy disposal of corruption cases and contradicted the legal principles laid down on suspension under Section 19 of the Prevention of Corruption Act, 1988.