Karnataka High Court refuses to transfer MUDA case against CM Siddaramaiah to CBI-OxBig News Network

A file photo of Karnataka Chief Minister Siddaramaiah coming out of the office of the Superintendent of Lokayukta police in Mysuru after being questioning in the alleged MUDA scam, on November 6, 2024.
| Photo Credit: M A Sriram.

The High Court of Karnataka refused to transfer to the Central Bureau of Investigation (CBI) from the Lokayukta police the investigation into the criminal case on alleged illegal allotment of 14 sites to Chief Minister Siddaramaiah’s wife Parvathi by the Mysuru Urban Development Authority (MUDA).

“There is no malady of the kind that is projected by the apex court present in this case to refer the matter for further investigation, or re-investigation, into the hands of the CBI. It is not a panacia for the projected illness. The material on record on its perusal nowhere indicates that the investigation conducted by the Lokayukta police is partisan, lopsided or shoddy for this court to refer the matter to the CBI for further investigation, or re-investigation,” the court observed on February 7.

Justice M. Nagaprasanna passed the order on the petition filed by Mysuru-based social activist Snehamayi Krishna.

It was argued on behalf of Mr. Krishna that transfer of probe to an independent agency, like CBI, is essential as all the State authorities, through the State Cabinet and the Chief Secretary’s note, have in unison defended the Chief Minister on the alleged illegalities.

“Mr. Siddaramaiah, being the CM, yields immense power and influence over the State departments, especially State’s investigating agencies such as the police authorities and the Karnataka Lokayukta Police. Such being the situation, any investigation undertaken by either of the agencies into the allegations made against the CM, would not be an impartial investigation,” it has been claimed in Mr. Krishna’s petition.

“Investigation was not being done in the manner that public confidence be restored in respect of an investigation in a matter of this kind…,” it was argued on behalf of Mr. Krishna.

Government’s arguments

It was argued on behalf of the State Government that none of the circumstances evolved by the apex court exist in MUDA case to transfer the probe to an independent agency, and it is not possible to transfer the probe to another agency without making known the report of the present investigation to the accused as well as the complainant. The Lokayukta Act, which authorises the Lokayukta to investigate the case even against the Chief Minister, becomes meaningless if the probe is transferred to the CBI, Mr. Kapil Sibal said.

Siddaramaiah’s contentions

Mr. Krishna had asked for a probe by the Lokayukta police before the special court. Later, the complainant demanded a probe by the CBI without even making any allegation on the probe being conducted by the Lokayukta police, it was argued on behalf of Mr. Siddaramaiah while contending that a complainant cannot choose the investigating agency, and the probe cannot be transferred to the CBI merely because of the alleged involvement of the Chief Minister.

Case background

Mr. Krishna had filed complaint before the Special Court in July 2024 seeking a probe against Mr. Siddaramaiah and others in connection with alleging illegalities in allotment of sites by MUDA while simultaneously seeking permission from the Governor under Section 17A of the Prevention of Corruption Act to conduct a probe against Mr. Siddaramaiah.

However, the Special Court had not passed any order on Mr. Krishna’s complaint as the issue whether the court can order a probe in the absence of prior permission under Section 17A of the PC Act was being argued before it.

Meanwhile, the Governor, acting on the application of Mr. Krishna, on August 16 granted permission under Section 17A of the PC Act for conducting a probe against Mr. Siddaramaiah.

Mr. Siddaramaiah moved the High Court challenging the legality of the Governor’s permission. The HC asked the Special Court to halt its proceedings on Mr. Krishna’s complaint till adjudication of Mr. Siddaramaiah’s petition.

On September 24, the High Court ruled that the investigation on the complaint against Mr. Siddaramaiah and others is ‘undoubtedly necessary’ while dismissing his petition challenging the permission granted by the Governor

On September 25, the Special Court ordered a probe though the Superintendent of Police, Lokayukta Police in Mysuru, into the alleged illegalities in allotment of 14 sites to Ms. Parvathi.