Karnataka HC Reserves Order On Plea Seeking Transfer Of Probe In MUDA Case Involving Chief Minister Siddaramaiah & His Wife To CBI

The Karnataka High Court on Monday (January 27) reserved its verdict on a petition seeking a direction to transfer the investigation by the Lokayukta police into the alleged Mysore Urban Development Authority (MUDA) "scam" which is stated to involve Chief Minister Siddaramaiah, to the Central Bureau of Investigation.Justice M Nagaprasanna reserved its order after hearing the parties. It also extended the operation of its interim order, passed earlier directing the Lokayukta police not to file its report as per the order of the trial court, till pronouncement of its judgment.An accused or suspect cannot say which agency can investigateSenior Advocate Maninder Singh appearing for petitioner Snehamayi Krishna argued that the prospective accused has no right to be heard at this stage. An accused or suspect accused cannot say which investigating agency should investigate, he said. He submitted that in the earlier proceedings (Challenge to Governor's sanction by Siddaramaiah) Identical notes of three authorities were produced earlier, Cabinet, Chief Secretary and Legal Dept. There was a unison approach to defend the Chief Minister. He referred to various Supreme Court judgments and said “Whether it is absolutely necessary to meet the needs of fair investigation where there are high functionaries involved, to meet public interest as laid down by the Supreme Court it is completely applicable in this case. If the facts are speaking for themselves, nobody is casting aspersions on investigation but is it likely to result in fairness which is fundamental requirement of investigation and for the trial. Then the court should not hesitate for transferring to independent investigations. If there is a reasonable apprehension that fair investigation will not take place then the court can exercise its discretion”.“The facts of my case and people involved and state functionaries, there is no possibility of any fairness, they will be dictated to put everything under carpet. Thus, the investigation be referred to the CBI, so that cause of justice is met with,” he added. Plea filed 1 hour after Lokayukta police registered FIR, petitioner's conduct to be looked atMeanwhile Senior Advocate Dushyant Dave appearing for the original landowner Devaraju J, from whom the brother-in-law of Siddaramiah had purchased the property said, “The present petition is to be dismissed. The citations made are not applicable to the present case. The present petition is an abuse of process of law”.Raising the ground of delay in filing the complaint Dave said, “The petitioner does not say that he digs out documents which are 10 years old and approaches the court now in the year 2024. Thus there is a delay and if there is a delay then it goes to the root cause of the PIL. He relies on public documents.” "Mr Singh today is pursuing the court that there is a serious case of corruption and it be transferred to CBI. His client made a statement on oath that the case is to be tried before Lokayukta court and Lokayukta Police. Now he wants it to be investigated by the CBI. He has come after the lordship's judgment (Upholding Governors sanction). Lordships should not waste precious judicial time and throw him out saying you have chosen a remedy and go there,” he added.To a query raised by the court whether the petition was filed on the same day the FIR was registered by the Lokayukta police on the direction of the court Dave informed that the petition was filed on September 27, 2024, the day the FIR was filed. He further said “How is it that within one hour after registration of FIR that he (petitioner) can say Lokayukta cannot investigate, and it should be transferred to CBI. The law of acquiescence applies. His conduct is to be looked into.” Seeking dismissal of the petition he argued “He is enjoying the fruit of investigation being ordered by the Lokayukta and now comes and says investigation should be by CBI. Today he (petitioner) is stifling the investigation and somehow wants to convict these people”.Probe is transferred only after hearing parties, in this case no one knows what has happenedMeanwhile Senior Advocate Kapil Sibal appearing for the state government apprised the court about the scenarios in which the high court can order transfer of investigation in a case to an independent agency or CBI. He said “In every case where investigation is tainted or malafide both parties are aware of the investigation carried on and only after hearing both parties the court says it needs to be transferred or not. In this case nobody knows what has happened.” He submitted the entire basis of the petitioner's arguments is that CM is involved so the state cannot investigate. Sibal said “If that is right then the Lokayukta act which directed investigation against CM has to be declared unconstitutional.”If Lokayukta is claimed to be tainted as its under State's control, then can say same for CBI as it is under CentreHe added “The statute says the Chief Minister can also ...

Karnataka HC Reserves Order On Plea Seeking Transfer Of Probe In MUDA Case Involving Chief Minister Siddaramaiah & His Wife To CBI

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