Judicial setback for CM as MLA Court orders FIR
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Judicial setback for CM as MLA Court orders FIR

September 26, 2024

Lokayukta probe into illegal mining led to B.S. Yediyurappa resigning as CM in 2011

Bengaluru: Chief Minister Siddaramaiah encountered a second legal setback in as many days, with the Special Court for MLAs/MPs in Bengaluru yesterday approving an investigation against him in Mysuru Urban Development Authority (MUDA) land scam.

The first blow came on Tuesday, when the High Court dismissed Siddaramaiah’s petition challenging the Governor’s prosecution sanction in the same case.

Special Court Judge Santhosh Gajanana Bhat issued the order, instructing the Superintendent of Lokayukta, Mysuru, to probe the matter. The Lokayukta has been directed to submit a report within three months, by Dec. 24, with the next hearing scheduled for that day.

The investigation stems from allegations that Siddaramaiah used his influence to secure the allotment of 14 prime sites in Mysuru for his wife, B.M. Parvathi, as part of a disputed land swap deal.

Probe under Cr.PC Section 156 (3)

The Court clarified that the case would be investigated under Section 156 (3) of the Cr.PC. Snehamayi Krishna, one of the petitioners, had filed a private complaint against Siddaramaiah regarding the MUDA case.

Following the Court’s order, an FIR will be filed, launching the investigation. The Investigating Officer will have the authority to question and arrest the Chief Minister if necessary.

Krishna had earlier petitioned the Governor, who granted prosecution permission — a decision upheld by the Karnataka High Court. On Wednesday, Krishna submitted the High Court’s order to the Special Court.

Power to arrest

The Investigating Officer can now file an FIR against Siddaramaiah, with the power to arrest him if required. Senior Counsel Lakshmy Iyengar, representing Krishna, stated that this is only the beginning, with the Court giving the Mysuru Lokayukta the go-ahead to proceed with the investigation.

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The Special Court emphasised that the High Court has upheld Governor Thaawarchand Gehlot’s decision to permit prosecution and added that Siddaramaiah should have no hesitation in facing an inquiry.

The Court highlighted the allegations that Siddaramaiah, in his roles as the Chief Minister, Deputy Chief Minister and Leader of the Opposition, was instrumental in decisions related to the land allotment to his family.

Land Ownership Dispute

A key charge revolves around the de-notification of land in the name of Devaraju, who was allegedly not the original owner. Siddaramaiah’s brother-in-law, B.M. Mallikarjunaswamy, reportedly purchased the land from Devaraju.

This investigation echoes the Lokayukta probe into illegal mining that led to B.S. Yediyurappa’s resignation as Chief Minister in 2011. Krishna’s petition names Siddaramaiah as the prime accused, followed by his wife Parvathi, brother-in-law Mallikarjunaswamy and others, including J. Devaraju, son of the original landowner Ninga.

The activist has accused Siddaramaiah of misusing his office to acquire 3.16 acres in Kesare, which was exchanged for 14 sites in Vijayanagar through fabricated documents.

CM says ‘Ready for probe’

CM Siddaramaiah reaffirmed his willingness to face the investigation, declaring, “I am not afraid of the probe.”

In response to the Special Court’s decision, Siddaramaiah stated, “I have already said I am ready to face an investigation. I am not afraid of any inquiry.” He added, “I am prepared for a legal fight. I said this yesterday, and I’m repeating it today.”

He also pointed out that the case has been referred to the Mysuru Lokayukta since the complaint was filed in Mysuru, where MUDA is headquartered.

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