Cannot stay proceedings against BSY: HC

BANGALORE: The High Court on Tuesday set aside the interim order granted in favour of former chief minister B S Yeddyurappa staying proceedings before the Lokayukta court in two separate complaints related to corruption cases.“The common man’s hope hangs on the judiciary.This is evident with the movement against corruption gaining momentum across the country.But such judgments will make him lose faith in it,” Justice N Kumar remarked, while vacating the stay on proceedings against Yeddyurappa.Hearing arguments of both sides, Justice Kumar passed the judgment in 90 minutes.The division bench comprising Justice Kumar and Justice Aravind Kumar, who heard the appeal questioning the stay order, held that a single judge’s order was not justified and is contrary to the law laid down by the Supreme Court.When the hearing commenced, the bench asked whether the parties would argue on the interim stay or the main matter.Both the parties agreed to argue on the main matter.Supreme Court senior counsel R P Nayak filed a memo seeking to vacate the stay.Stating that the High Court cannot stay the proceedings initiated under Prevention of Corruption Act, he cited several SC directions in this regard.The court then set aside the single judge order.Justice Kumar further said that with Parliament passing orders to prevent corruption, probe agencies and police making efforts to bring down corruption and the Governor having sanctioned permission to file a complaint, staying proceedings would send out a wrong message.Justice Kumar said that the single judge had failed to give appropriate reasons before passing the order.The Supreme Court in 2001 itself had ruled that no court could stay trial of cases under the Prevention of Corruption Act, not even temporarily.