In a relief to Chief Minister Siddaramaiah, Karnataka High Court on Friday dismissed a petition filed by RTI activist Snehamayi Krishna seeking a direction to transfer investigation into the MUDA site allotment case to the CBI. Siddaramaiah is facing allegations of illegalities in the allotment of 14 sites to his wife Parvathi B M by the Mysuru Urban Development Authority (MUDA).
In his petition, Snehamayi Krishna had contended that an impartial investigation is not possible since Siddaramaiah, being the Chief Minister, wields immense power and influence over the state departments, especially the state investigating agencies such as the police authorities and the Karnataka Lokayukta police.
Pronouncing the verdict, Justice M Nagaprasanna said, the office of the Lokayukta does not suffer from questionable independence.
“The material on record on its perusal nowhere indicates that the investigation conducted by the Lokayukta is partisan, lopsided or shoddy for this court to refer the matter to the CBI for further investigation or reinvestigation. In the result the petition would necessarily meet its dismissal and is accordingly dismissed,” he said.
Siddaramaiah, his wife, brother-in-law B M Mallikarjun Swamy, Devaraju — from whom Swamy had purchased a land and gifted it to Parvathi — and others have been named in the FIR registered on September 27 by the Lokayukta police establishment located in Mysuru, following the order of the Special Court that exclusively deals with criminal cases related to former and elected MPs/MLAs.
The Judge said that he considered three questions, they are– whether the office of Lokayukta has questionable independence; under what circumstance the constitutional courts have referred the investigation, further investigation, reinvestigation to CBI, and in what cases the courts have refused to refer; and whether the material on record with regard to the investigation conducted by the Lokayukta merits transfer the probe to CBI for further or reinvestigation.
On the synthesis of the thesis and the antithesis the summery of findings are as follows, he said, “the office of the Lokayukta does not suffer from questionable independence, the insulation of the institution from the external influences is already recognised by the apex court and the division bench of this court, as quoted supra.” “There is no malady of the kind that is projected by the apex court present in the case at hand to refer the matter for further investigation or reinvestigation to the hands of the CBI. It is not a panacea to the projected ill,” Nagaprasanna added.
Earlier, the HC bench of Justice M Nagaprasanna had on September 24, 2024 had dismissed the CM’s petition challenging Governor Thaawarchand Gehlot’s approval for a probe against him in the case, observing that the gubernatorial order nowhere “suffers from want of application of mind”.
Siddaramaiah had challenged the legality of Gehlot’s sanction for the investigation against him in the alleged irregularities in the allotment of 14 sites by MUDA in a prime locality.
Following the High Court order, a Special Court here on the very next day had ordered directing the Lokayukta police in Mysuru to initiate an investigation on the complaint filed by Snehamayi Krishna.
On September 30, the ED filed an enforcement case information report (ECIR) to book the CM and others taking cognisance of the Lokayukta FIR.
Parvathi, meanwhile, had written to MUDA to cancel 14 sites allotted to her and the MUDA had accepted it.
The ED, in its provisional attachment order dated January 17 following an investigation under the Prevention of Money Laundering Act, 2002, has alleged that Siddaramaiah and other accused were involved in attempted money laundering in the MUDA site allotment case.
The agency has said that the fourteen sites (plots) allotted to Parvathi in Mysuru upmarket were illegally allotted. “Illegal compensation in the form of sites at posh locality worth Rs 56 crore (Appx) was obtained through political influence…” it said.
The ED had also recently issued summons to Parvathi and the state Urban Development Minister Byrathi Suresh to appear before the investigation officer for questioning in connection with the case, however the HC subsequently stayed the notice issued.
In the MUDA site allotment case, it is alleged that 14 compensatory sites were allotted to Siddaramaiah’s wife in an upmarket area in Mysuru (Vijayanagar Layout 3rd and 4th stages), which had higher property value as compared to the location of her land which had been “acquired” by MUDA.
The MUDA had allotted plots to Parvathi under a 50:50 ratio scheme in lieu of 3.16 acres of her land, where it developed a residential layout.
Under the controversial scheme, MUDA allotted 50 per cent of developed land to the land losers in lieu of undeveloped land acquired from them for forming residential layouts.
It is alleged Parvathi had no legal title over this 3.16 acres of land at survey number 464 of Kasare village, Kasaba hobli of Mysuru taluk.
(This report has been published as part of the auto-generated syndicate wire feed. Apart from the headline, no editing has been done in the copy by ABP Live.)
