Bengaluru, Feb 7 (IANS) The Dharwad Bench of the Karnataka High Court, headed by Justice M. Nagaprasanna, will pronounce its judgment on Friday regarding the petition seeking an investigation by the Central Bureau of Investigation (CBI) into the Mysuru Urban Development Authority (MUDA) case.
The court had reserved its orders on January 27 following the conclusion of arguments and counterarguments in the case.
Chief Minister Siddaramaiah is named as the first accused in the case, while his wife, B.M. Parvathi is the second accused.
It has been alleged that Siddaramaiah used his political influence to secure compensation for 14 sites in the name of his wife in exchange for 3 acres and 16 guntas of land acquired by the MUDA.
The petitioner, Snehamayi Krishna, objected to the ongoing probe by the Karnataka Lokayukta and sought a CBI investigation.
While reserving the matter for judgment, the Bench also directed the Karnataka Lokayukta to continue its investigation into the MUDA case and to submit its further report on the day of the judgment.
Six prominent counsels presented their arguments and cited Supreme Court judgments.
Counsel Maninder Singh, representing the petitioner Snehamayi Krishna, submitted to the court that it is imperative for the MUDA irregularities to be investigated by the CBI or another independent agency to uphold public trust.
He emphasised that when prominent government figures are accused, an independent investigation becomes necessary.
“The entire Cabinet has taken a decision to protect Chief Minister Siddaramaiah in this case,” Singh argued.
“From the outset, the submission has been to hand over the case to the CBI. This matter demands investigation by the CBI or another independent agency. There have been instances where the Supreme Court has directly handed over cases to the CBI,” he added.
Singh further contended that CM Siddaramaiah should have voluntarily welcomed a CBI investigation.
Senior counsel Kapil Sibal argued that objections were raised for the Lokayukta investigation alleging that it is under the control of the state government.
“The CBI is also under the control of the Central government. In this background it can’t be said that the CBI is an independent agency. The Lokayukta police are monitored by the Lokayukta institution and hence the probe will not be biased,” Sibal said.
Senior counsel Abhishek Manu Singhvi had submitted that it is not a fit case for the CBI probe as it is not a rarest of the rare case.
“The petitioner sought a Lokayukta probe initially and even before the Lokayukta could probe the case, he wants a CBI investigation. It will set a bad precedent,” Singhvi submitted.
Senior Counsel Dushyant Dave appearing for the fourth accused, land owner J. Devaraju in the MUDA case, submitted that his client is not facing criminal charges and, in this background, there is no necessity for a CBI probe.
He further submitted that the petition had been filed to embarrass Chief Minister Siddaramaiah.
“The petitioner earlier sought the Lokayukta investigation before the court and when the Lokayukta investigation was progressing, he submitted a petition seeking a CBI probe. The court should not waste a single moment over the petition,” he had argued.
He added that while filing the complaint, the petitioner concealed many facts related to the case.
“The petitioner has concealed the order of mutation and revenue department documents which prove that Devaraju was the owner of the property,” Dave said.
Commenting on the development, Snehamayi Krishna had said: “I have full confidence that the case would be handed over to the CBI. The Lokayukta is not conducting the investigation appropriately. We have submitted the evidence and documents to prove that Lokayukta sleuths have colluded with the accused persons in the case.
“In this backdrop and taking the rampant corruption into consideration, based on the evidence and documents submitted in this regard, we are hoping that today the court will hand over the case to the CBI.”
Meanwhile, the Enforcement Directorate (ED) has issued a notice to B.M. Parvathi in the MUDA case.
The ED has also issued a notice to the Urban Development Minister Byrathi Suresh, the close confidante of CM Siddaramaiah.
The ED had issued a notice to B.M. Parvathi and directed her to appear before its officials on January 28. Minister Suresh has also been asked to appear before the ED sleuths.
Following this, B.M. Parvathi and Minister Suresh have approached the Karnataka High Court questioning the summons issued to them by the ED and the court had given them relief and asked the central agency what was the tearing hurry to question the accused in this regard.
–IANS
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