Supreme Court Stays POCSO Trial Against Former Karnataka CM BS Yediyurappa: Legal Challenge Continues

New Delhi: The Supreme Court has issued an interim stay on trial proceedings against former Karnataka Chief Minister BS Yediyurappa in a sexual harassment case filed under the Protection of Children from Sexual Offences Act (POCSO).

During Tuesday's hearing, a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi considered Yediyurappa's challenge to the Karnataka High Court's decision that refused to quash the case against him. "Issue notice. Meanwhile, trial proceedings shall remain stayed," stated Chief Justice Kant. The bench indicated that notices were being issued primarily to consider returning the matter to the high court for reconsideration.

Senior advocate Sidharth Luthra, who represented Yediyurappa, argued that the high court had "ignored key evidence" in the case. He emphasized that the court failed to consider statements suggesting "nothing as such happened" during the alleged incident. Luthra further highlighted that certain statements had been suppressed by the prosecution and noted Yediyurappa's distinguished political career as a four-time chief minister.

Chief Justice Kant questioned this approach, asking, "How can you compel the high court to hold a mini trial?"

The case originated from a complaint filed on March 14, 2024, by a woman who alleged that Yediyurappa had molested her 17-year-old daughter during a visit to his residence where they had sought assistance. The complainant, who is now deceased, also claimed that the former Chief Minister attempted to conceal the incident by offering money.

Based on these allegations, police registered an FIR under various provisions of the POCSO Act related to sexual assault and harassment charges. Subsequently, on July 4, 2024, a trial court took cognizance of offenses not only against Yediyurappa but also against three other individuals for alleged destruction of evidence and attempts to suppress the case.

The Karnataka High Court later quashed this cognizance order, describing it as "cryptic," and directed the trial court to reconsider the matter. Following this directive, on February 28, the Fast-Track Special Court issued a fresh cognizance order and summoned Yediyurappa and the other accused to appear on March 15.

Yediyurappa subsequently challenged both the February 28 order and the complaint itself before the high court, arguing that the allegations were politically motivated and inconsistent. However, the high court declined to quash the case last month, which prompted the former Chief Minister to approach the Supreme Court for relief.