: The Karnataka High Court today allowed the Lokayukta police probe against former Deputy Chief Minister and state senior BJP leader K S Eshwarappa in a disproportionate assets case.
The court passed the order on a petition filed by a Shimoga-based advocate who had challenged the Lokayukta Court order dismissing his complaint against Eshwarappa in the case.
Justice Anand Byrareddy set aside the Shimoga Lokayukta Court order, which had dismissed the complaint against Eshwarappa, accusing him of amassing assets disproportionate to his known sources of income and ordered that the Lokayukta initiate an inquiry into the matter.
The Lokayukta Court had held that the advocate Vinod had not availed himself of sanction from the Governor for prosecution prior to filing the complaint.
The advocate had challenged the Lokayukta Court order and filed a revision petition in the High Court.
He had maintained there was no need for him to get the Governor's sanction prior to filing the complaint as Eshwarappa was not in a similar position (Deputy Chief Minister) as he was at the time of the alleged commission of offence.
Eshwarappa had questioned the launch of criminal proceedings against him in the High Court, contending that Vinod had not availed himself of sanction from the Governor.
After the High Court told Vinod the complaint would not survive without sanction from the Governor for prosecution, he withdrew it with permission to re-present it after availing himself of sanction.
Vinod had written to the office of the Governor seeking sanction for prosecution.
The Governor's office had said that as Eshwarappa was not a public servant now, the applicant need not avail himself of permission to initiate legal action against him.
