The Supreme Court on Friday questioned the closing of a matter wherein B S Yediyurappa as Karnataka chief minister was accused of helping senior Congress leader D K Shivakumar with denotification of land in Bengaluru in 2010.
“How can it be done behind the back?” a bench of Justices Arun Mishra and M R Shah asked, even as senior advocate Mukul Rohatgi, appearing for Yediyurappa, and A M Singhvi, representing Shivakumar, contended that the case cannot be re-opened at the instance of an intervenor whose impleadment in the matter was not allowed.
“Any person can come in corruption case,” the bench further observed, as advocate Prashant Bhushan, appearing for S R Hiremath, president of Samaja Parivartna Samudaya submitted, “We intervened in 2016 as the prosecution by Lokayukta did not proceed in the case.”
Rohatgi, however, submitted that the special leave petition had been withdrawn. This application for revival is by an intervenor who has no concern, he said.
Singhvi also submitted that it was a private complaint and the high court had quashed it. “How can intervenor be allowed to reopen it, even notice was not issued,” he asked.
The court observed that the propriety demands that it can’t be closed like this. The court adjourned the hearing, saying, “We will hear it some other day.”
Shivakumar himself was was present during the hearing in the court room.
Hiremath has sought to recall the order of Feb 21, this year whereby the petition filed by Kabballegowda was “dismissed as withdrawn”.