New Delhi: A Bengaluru-based lawyer has written a letter to the Chief Justice of India Sanjiv Khanna with a plea that the apex court should consider taking suo motu notice of a pattern in connection with the prolonged stay in corruption cases and direct expeditious hearing of all such pending corruption cases before it involving former Karnataka Chief Minister B S Yediyurappa and other MPs/MLAs.
Advocate Sachin S Deshpande, in the letter, said that he is writing this representation with great respect and deep concern regarding what appears to be, to an ordinary citizen, a troubling pattern in the Supreme Court's handling of corruption cases involving BS Yediyurappa, former Chief Minister of Karnataka.
"While I state at the outset my unwavering faith in the Supreme Court's commitment to impartial justice, I am compelled to bring to your attention certain patterns in his cases at the Supreme Court; patterns that could erode public confidence in the administration of justice," said the letter.
The letter said on September 23, 2022, while issuing notice, the Supreme Court granted a stay of further proceedings against Yediyurappa before the Special Judge.
"This stay has been operative through subsequent orders. There is no discussion in the order as to why such a stay was being granted at all," said the letter.
"I have tracked the corruption cases against Yediyurappa and I have been compelled to write hereby – in the public interest – that the cases against him appear to show a pattern of judicial favouritism at the Supreme Court and therefore, deserve to be brought to your Lordship's attention as such an appearance does not reflect the reality at the Supreme Court," said the letter dated November 19.
The lawyer said there is a disturbing asymmetry in how stays are handled, and added that when Yediyurappa seeks stays, they are granted promptly by the Supreme Court, without reasons and continue indefinitely.
"However, when investigating agencies or complainants seek stays against High Court orders favourable to Yediyurappa, such stays are not granted and the matters remain unlisted for years," said the letter.
"The ACB's SLPs regarding the Shivarama Karanth Layout denotification case and the CAG Report case have remained pending without any interim relief, effectively allowing Yediyurappa to benefit from favourable High Court orders for extended periods. This creates an appearance of differential treatment that could erode public confidence in the judicial system," said the letter.
The letter said in multiple cases - the Alam Pasha case, the TJ Abraham case, and the Vasudeva Reddy case - stays were granted promptly upon filing of SLPs by Yediyurappa. These stays have continued for years without any substantial hearing, the lawyer said.
"Multiple cases involving Yediyurappa have remained unlisted for extraordinarily long periods - some for over 6 years. This is particularly troubling given that corruption cases, by their nature, require prompt investigation and trial. Evidence can deteriorate, witnesses may become unavailable, and the public interest in justice is compromised by such delays”, said the letter.
