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Yediyurappa Moves Supreme Court Over HC Order Allowing POCSO Case to Proceed
Former Karnataka Chief Minister B. S. Yediyurappa has moved the Supreme Court of India challenging the Karnataka High Court’s order dated November 13, which allowed proceedings under the POCSO Act to continue. The HC had upheld a February 28 special court decision that took cognisance of a chargesheet filed by the CID against Yediyurappa and others.
The case has drawn significant political and legal attention across Karnataka, as it involves a senior BJP leader facing allegations under one of India’s most stringent child-protection laws.
Background of the Case
The CID had earlier filed a chargesheet naming Yediyurappa and several others in connection with allegations involving a minor. Following the chargesheet, the special POCSO court took cognisance on February 28.
Yediyurappa challenged this decision before the Karnataka High Court, arguing procedural lapses and asserting that the case was politically motivated.
However, the High Court dismissed his plea on November 13, holding that the special court had acted within its jurisdiction and that the investigation provided sufficient grounds for proceedings.
Why Yediyurappa Approached the Supreme Court
According to legal observers, Yediyurappa’s petition before the Supreme Court challenges the HC order on these major grounds:
Incorrect application of POCSO provisions
Lack of sufficient material for cognisance
Improper investigation and procedural lapses
Political misuse of legal provisions
Yediyurappa’s legal team is reportedly seeking a stay on further proceedings until the Supreme Court hears the matter.
Political Implications
The case has come at a sensitive time for the BJP in Karnataka, where internal leadership discussions are ongoing. Yediyurappa remains a towering figure within the party’s state unit, and any legal developments surrounding him naturally impact political equations.
Legal Significance of the Case
The continuation of a POCSO case against a senior political figure raises major questions about:
Judicial interpretation of cognisance in sensitive cases
Investigative protocols under POCSO
The standard of evidence required for prosecution
Balancing political context with due process
Legal experts believe the Supreme Court’s response will set an important precedent regarding the threshold for taking cognisance in cases involving public personalities.
FAQs:
1. Why did the Karnataka High Court allow the POCSO case to continue?
The HC ruled that the special court acted within legal boundaries and that the CID’s chargesheet contained adequate material to justify cognisance.
2. What is Yediyurappa challenging in the Supreme Court?
He is contesting the HC’s order and seeking a stay on proceedings, claiming procedural irregularities and insufficient legal grounds.
3. Does this case impact Karnataka politics?
Yes. Yediyurappa remains a key leader in the state’s BJP ecosystem, and legal challenges involving him inevitably influence political strategies.
4. What happens next?
The Supreme Court will examine whether the High Court order should be upheld or stayed. The next hearing date will determine the pace of the case.
5. Is the POCSO Act applicable in all cases involving minors?
The POCSO Act applies to sexual offences involving minors. Courts must examine evidence carefully before allowing cases to proceed.
source credit : Express News Service
Published on : 25TH November
Published by : SARANYA
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