Next hearing on Apr. 28

Bengaluru: The Karnataka High Court yesterday issued notices to Chief Minister Siddaramaiah, his wife B.M. Parvathi, and several others in connection with an appeal seeking a Central Bureau of Investigation (CBI) probe into the alleged Mysuru Urban Development Authority (MUDA) site scam.

The appeal, filed by petitioner Snehamayi Krishna, challenges a previous order that had rejected his request to transfer the investigation from the Karnataka Lokayukta Police to the CBI.

A Division Bench comprising Chief Justice N.V. Anjaria and Justice K.V. Aravind directed that the notices be made returnable on Apr. 28. The Bench stated, “Notice to respondents returnable on Apr. 28, since it was stated that appeals connected to the subject matter controversy are slated to be listed on that day.”

The original petition was dismissed earlier this year, with a Single Judge ruling that the Lokayukta investigation showed no signs of bias or inadequacy.

In addition to the Chief Minister and his wife, the Division Bench also issued notices to the CBI, the Union Ministry of Home Affairs and the Karnataka Lokayukta Police. Others named include Siddaramaiah’s brother-in-law B.M. Mallikarjunaswamy and land owner J. Devaraju.

In his appeal, Krishna argued that the Lokayukta Police operate under the administrative control of the State Government and therefore cannot carry out an impartial investigation. He reiterated the need for a CBI inquiry, citing the agency’s independence from State control.

The Single Judge had previously observed, “The office of the Lokayukta does not suffer from questionable independence,” and maintained that the institution’s autonomy is protected, as affirmed by both the Supreme Court and a Division Bench of the High Court.

During yesterday’s hearing, the Division Bench raised a procedural query regarding the maintainability of the appeal under Article 226 of the Constitution. “What are the yardsticks to judge whether the appeal is maintainable?” the Bench asked.

Senior Advocate K.G. Raghavan, representing the appellant, clarified that the appeal did not contest a judicial order but sought a writ of mandamus. “I am asking for a mandamus, not challenging an order of a Court,” he submitted.

The Court noted that it would first examine the issue of maintainability before proceeding to hear the case on its merits. Raghavan also informed the Bench that a related appeal — challenging the Single Judge’s order upholding the Governor’s sanction to prosecute the respondents — is listed for hearing on Apr. 28.

“If this Court allows the appeal challenging the Governor’s sanction, the question of referring the matter to the CBI would not arise,” he submitted. The matter will next be heard on Apr. 28, along with other appeals linked to the MUDA case.

The Lokayukta Police have filed a closure ‘B’ report, stating that there is no material evidence to substantiate the allegations against the Chief Minister, his wife, Mallikarjunaswamy and Devaraju.