The court said the material on record does not indicate that the investigation conducted by Lokayukta was partisan.
Published Feb 07, 2025 | 11:28 AM ⚊ Updated Feb 07, 2025 | 3:42 PM
Karnataka High Court hears MUDA case.
Synopsis: The Karnataka High Court refused to transfer the Lokayukta investigation into the alleged MUDA scam to the CBI. Justice Nagrasanna, who heard the petition filed by Snehamayi Krishna, dismissed the matter. Chief Minister Siddaramaiah’s family has been accused of misusing public office to obtain sites in Mysuru as compensation from the MUDA.
The Karnataka High Court on Friday, 7 February, refused to transfer the Lokayukta investigation into the alleged Mysore Urban Development Authority (MUDA) scam involving Chief Minister Siddaramaiah and his wife BM Parvathi to the CBI.
Justice Nagrasanna, who heard the petition filed by Snehamayi Krishna, dismissed the matter.
“The material on record does not indicate that the investigation conducted by Lokayukta is partisan, lopsided or shoddy for this court to refer the matter to CBI for further investigation or reinvestigation. The petition is dismissed,” said the court.
Meanwhile, Krishna’s Lawyer, Lakshman Kulkarni said, “We will file an appeal in the Supreme Court. We were expecting a verdict in our favour. However, the court has dismissed our petition. We will obtain a copy of the court’s order today (Friday) and after studying it, we will proceed with the appeal. We will analyse the grounds on which the verdict was given but going to the Supreme Court is certain.”
Krishna said, “Victory and defeat are natural in a fight. There may be a setback in the high court now bu we will continue the legal battle in the Supreme Court. This setback has slightly delayed my fight. We will file a petition in the Supreme Court to transfer the case to the CBI.”
On 27 January, reserving the order after hearing all parties, Justice Nagaprasanna directed the Lokayukta police not to file its report until the pronouncement of its judgement.
The Lokayukta police have been probing the alleged scam and the petitioner, Snehamayi Krishna, sought the case be transferred to the central probe agency.
Krishna’s counsel Senior Advocate Maninder Singh argued that the prospective accused could not choose the investigating agency. He also submitted before the court that there was a concerted approach to defend Siddaramaiah.
“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 the carpet. Thus, the investigation be referred to the CBI, so that cause of justice is met with,” Live Law reported, quoting Singh.
Senior Advocate Dushyant Dave, appearing for the original landowner Devaraju J, from whom Siddaramaiah’s brother-in-law had purchased the property, requested the court to dismiss the petition since “The citations made are not applicable to the present case. The present petition is an abuse of process of law”.
To a specific query, Dave told the court that the petition was filed on 27 September 2024, the day the FIR was filed.
He also questioned how the petitioner could say the Lokayukta cannot investigate the case and it should be transferred to the CBI within an hour of filing the FIR.
Siddaramaiah’s counsel Senior Advocate Abhishek Manu Singhvi argued that the petition did not point out any irregularity or illegality that had been committed. “Something must be shown. There is no allegation. Then lordships transfer the case to CBI then it will be only because he is the chief minister,” he submitted.
He also asked how a complainant could choose the investigating agency. “Just like an accused is not allowed to choose the investigating agency, how can the complainant ask for a particular agency”.
Senior Advocate Professor Ravivarma Kumar appearing for Paravathy argued that the CBI came under the Prime Minister’s Office, and the Prime Minister has intended to make India Congress Mukth Bharat.
“The only grounds they want to take out an investigation from Lokayukta is political. CBI is not independent,” he argued.
After hearing all the parties the court reserved its verdict.
Meanwhile, the Enforcement Directorate (ED) had issued notices to Parvathi, and state Minister Byrathi Suresh in connection with an alleged scam.
In a move that is sure to put the Karnataka chief minister in a difficult spot. ED has asked his wife Parvathi, and close aide Suresh, to appear for questioning in the case. It seems like only a matter of time before Siddaramaiah himself is summoned for questioning in the case.
On 25 October last year, Parvathi was questioned by Lokayukta for about four hours in Mysuru. In November last year, Siddaramaiah too appeared for questioning by the Lokayukta.
On 17 January this year, the ED said that it had frozen 142 immovable properties worth approximately ₹300 crore linked to the case.
The MUDA scam came to the limelight in June 2024, with RTI activists alleging the involvement of politicians and their relatives, including Parvathi in the case.
A month later on 18 July, social activist TJ Abraham filed a complaint with the Lokayukta police in Mysuru. On 21 July, he petitioned the governor, seeking sanction for the prosecution of the chief minister.
On 17 August, Karnataka Governor Thaawarchand Gehlot permitted to prosecute Chief Minister Siddaramaiah in the MUDA land allotment case.
The Karnataka Lokayukta filed an FIR in the MUDA scam on 27 September, naming Siddaramaiah, his wife Parvathi, brother-in-law Mallikarjuna Swamy, and Devaraju, from whom Swamy purchased land gifted to Parvathi.
This action followed a special court’s directive and the Karnataka High Court’s endorsement of Governor Thaawarchand Gehlot’s approval for the investigation against the chief minister.
After reports of ED registering an Enforcement Case Information Report (ECIR) against Siddaramaiah and his family members emerged, Parvathi voluntarily returned the 14 sites to MUDA officials on 1 October. Acting on Parvathi’s letter, MUDA officials carried out due process and took back the sites on 3 October.
Additionally, on the chief minister’s instructions, Congress leader K Marigowda also resigned as the chairperson of MUDA on 16 October.
Siddaramaiah’s family has been accused of misusing public office to obtain 14 sites — at a prime locality in Mysuru — as compensation from the MUDA over the alleged illegal encroachment of 3.16 acres of land by the local development authority.
The MUDA had allotted plots to his wife Parvathi under a 50:50 ratio scheme in lieu of her land, where MUDA developed a residential layout.
Under the controversial scheme, MUDA allotted 50 percent of developed land to the land losers instead of undeveloped land acquired from them for forming residential layouts.
BJP leaders have claimed that the MUDA “scam” is of the magnitude of ₹4,000 crore to ₹5,000 crore.
(With inputs from Nolan Pinto.)
