New Delhi, Feb 3 (PTI) – The Supreme Court on Monday scheduled the hearing of former Karnataka Chief Minister H D Kumaraswamy’s plea seeking the quashing of proceedings in a corruption case for February 25.
A bench comprising Justices Dipankar Datta and Manoj Misra stated that it would address the limited question of law regarding cognisance, on which notice was issued in January 2021. The apex court had earlier sought responses from complainant M S Mahadeva Swamy and the Karnataka government on January 18, 2021. However, despite multiple listings, no substantial hearing has taken place on Kumaraswamy’s petition challenging the Karnataka High Court’s October 9, 2020 order that refused to quash the proceedings against him.
The case originates from a private complaint filed by Swamy before a special judge under the Prevention of Corruption Act in Bengaluru. The complaint accuses Kumaraswamy of de-notifying two plots of land in Halagevaderahalli Village, Uttarahalli Hobli, Bengaluru South Taluk, for financial gains during his tenure as chief minister between June 2006 and October 2007.
Currently serving as the Union Minister for Heavy Industries, Kumaraswamy, through senior advocate Ranjit Kumar, contended that the 2018 amendment to Section 19(1)(b) of the Prevention of Corruption Act mandates prior sanction for prosecution, even if the accused no longer holds office at the time cognisance is taken. He argued that since no such sanction was obtained, the high court erred in dismissing his plea under Section 482 of the CrPC.
The Karnataka High Court, however, found sufficient grounds to proceed against Kumaraswamy, ruling that there was no evidence of abuse of the legal process or failure of justice. It further held that a prior sanction was unnecessary, citing a 2012 ruling which stated that, given the nature of allegations, sanction under Section 197 of the CrPC and Section 19 of the Prevention of Corruption Act was not required.
With the Supreme Court now set to hear the matter on February 25, the legal battle over Kumaraswamy’s prosecution continues.
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