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SC stays trial against BSY in Pocso case
The Supreme Court stayed the trial of former CM BS Yeddyurappa, accused of sexually assaulting a minor, pending further review of the case.
The Supreme Court on Tuesday stayed the trial against former chief minister BS Yeddyurappa in a case where he is accused of sexually assaulting a minor girl last year.
The four-time chief minister and senior leader of the Bharatiya Janata Party (BJP) had approached the top court against a recent Karnataka high court order refusing to quash the trial court proceedings against him under the Protection of Children from Sexual Offences (POCSO) Act.
A bench of Chief Justice of India (CJI) Surya Kant and justice Joymalya Bagchi said, “Issue notice for the limited purpose as to why the case may not be remanded afresh to the high court in the light of the remedy granted to the petitioner by February 7, 2025 order of the high court.”
Posting the matter next month, the order further said, “Meanwhile, the trial proceedings shall remain stayed.”
The lawyers appearing for Yeddyurappa said that on February 7, the high court had set aside the order taking cognizance of the charges under POCSO and directed the trial court to reconsider the matter. While doing so, it had observed that all other issues (for challenging the criminal proceedings) will remain open. The matter went back to the trial court which passed a second order on February 28 taking cognizance of the charges and issued summons against Yeddyurappa.
When the cognizance order was challenged again before the high court, it dismissed the plea on November 13 citing the earlier HC order and said that the petitioner cannot approach the high court a second time challenging the merits of the case against him.
Senior advocate Siddharth Luthra appearing for the former CM along with advocate Kush Chaturvedi pointed out that the HC fell into an error by “misconstruing” the February 7 order which did not foreclose the petitioner from again challenging the cognizance of the charge.
“He is an 82-year old gentleman, who is a four-time CM and he is made to suffer based on a frivolous case,” Luthra said.
The top court clarified that it does not wish to entertain the case on merits and sought response of the Criminal Investigation Department of the state police on the possibility of having the matter considered afresh by the high court.
The petition filed by Yeddyurappa said, “The petitioner is being sought to be unfairly prosecuted and the present case is one of clear political vendetta. It is submitted that false and personal accusations have been foisted on the petitioner.”
The allegation in the complaint states that on February 2, 2024, the complainant and her minor daughter visited Yeddyurappa’s residence seeking assistance for another person facing a criminal prosecution. The petition states that Yeddyurappa met them briefly when several other persons were present at the premises. It is during this visit, the complaint alleged that the minor girl, who was then 17 years, was sexually assaulted.
Yeddyurappa had pointed out several “inconsistencies” in the case as the complaint was filed after a delay of 40 days on March 14, 2024. The petition pointed out that the complainant in this case has filed 50 similar complaints against several persons including public functionaries in the past. Even during the trial, the former CM stated that the victim improved upon the earlier statement recorded by the police.
The charge sheet in the case was filed in July 2024.
