ACB did not obtain sanction for probe, says Yeddyurappa’s counsel

Former Chief Minister B.S. Yeddyurappa’s counsel argued in the High Court of Karnataka on Monday that the Anti-Corruption Bureau (ACB) had no power to commence probe against him without prior sanction from its appointing authority. Sanction is required according to conditions laid down by the government in its notification on the creation of ACB for probing cases under the Prevention of Corruption Act, he said. The Government Order, issued on March 14, 2016 makes it clear that “the ACB cannot commence an investigation without prior permission from the appointing authority against a decision taken or recommended by a public servant in his discharge of official duty”, senior counsel C.V. Nagesh argued. Mr. Yeddyurappa has filed petitions questioning the legality of the registration of two corruption cases against him. “I am not finding fault with the government for imposing this condition on the ACB. It is a laudable decision as it aims to protect public servants from frivolous complaints being filed against them when they are involved in taking decisions related to tenders, projects every day,” Mr. Nagesh said. He alleged that the ACB did not take permission on the complaint against Mr. Yeddyurappa even though it “has been obtaining permission in other cases”. The counsel said the recommendation or direction given by Mr. Yeddyurappa for the deletion of 257 acres from being acquired for the Dr. Shivaram Karanth Layout were decisions taken as part of his discharge of official duty as Chief Minister. Hence, the ACB should have taken prior permission from the appointing authority, Mr. Nagesh argued. He also contended that prior permission was required to begin a probe against the co-accused as well, as all of them were serving public servants. He said the bar imposed on the ACB on commencing investigation without prior sanction was similar to the one imposed on courts under Section 197 of the Cr.PC from taking cognizance of offence against a public servant without prior sanction. Justice Aravind Kumar adjourned further hearing on the matter till Wednesday.