Pay-off case : B S Yeddyurappa & H N Ananth Kumar seeks cancellation of court order

BJP state president B S Yeddyurappa and union minister H N Ananth Kumar moved the court on Monday May 15, seeking cancellation of its order which directed them to give their voice samples in a ‘pay-off’ case.The ACMM-I court here on May 6 had ordered Yeddyurappa and Ananth Kumar to give their voice samples.

Higher education minister Basavaraj Rayareddy, health minister Ramesh Kumar, water resources minister M B Patil and MLC V S Ugrappa had released a CD in the third week of February reportedly containing voices of Yeddyurappa and Ananth Kumar. The CD contained the video of two leaders with voice claiming that they had paid money to their party high command in New Delhi.

The BJP lodged a complaint with the cyber crime police station on February 18, seeking action against the Congress leaders for releasing the CD. The complaint said that the CD was fabricated and tarnished the BJP’s image.

The police registered a case under IT act and IPC and directed the two leaders to give their voice samples for a test. When both the leaders did not turn up to give voice samples, the police sought the court’s directions and the court ordered voice samples to be given.

The advocate for the BJP leaders claimed in the petition that the police had no powers to file an application before the magistrate seeking directions against any person for the voice sample under the criminal procedure code.

“The complaint is about the fabricated CD. The police did not investigate the BJP’s complaint at all. Instead, they directed Yeddyurappa and Ananth Kumar to give their voice samples. The police have exceeded their limits of investigation,” advocate argued.

The advocate also pointed out that the court lacked powers to direct a person to give voice samples and requested the cancellation of its order.