The Supreme Court of India has dismissed a petition by Union Minister HD Kumaraswamy seeking to quash proceedings in a corruption case related to land de-notification during his tenure as the Chief Minister of Karnataka. This decision allows the trial to proceed, marking a significant development in the long-standing legal battle.
Background of the Case
The case centers around the de-notification of 2 acres and 24 guntas of land in Halagevaderahalli Village, Bengaluru South Taluk. Originally acquired by the Bangalore Development Authority (BDA) in 1997, the land was de-notified in 2007 under Kumaraswamy’s administration, despite objections from the BDA. Subsequently, in 2010, the land was sold to private parties for ₹4.14 crore. A private complaint filed by M.S. Mahadeva Swamy alleged that this de-notification was conducted for pecuniary gains.
Legal Proceedings
In response to the complaint, the Karnataka High Court, in its October 9, 2020 order, refused to quash the proceedings against Kumaraswamy. Challenging this decision, Kumaraswamy approached the Supreme Court, arguing that under the 2018 amendment to Section 19(1)(b) of the Prevention of Corruption Act, prior sanction was required for prosecution, even though he was not holding office at the time cognizance was taken.
Supreme Court’s Decision
A bench comprising Justices Dipankar Datta and Rajesh Bindal dismissed Kumaraswamy’s plea, stating that the 2018 amendment could not be applied retrospectively to acts committed prior to its enactment. The Court upheld the Karnataka High Court’s decision, emphasizing that there were sufficient grounds to proceed with the trial.
Political Implications
The Supreme Court’s ruling has sparked political reactions, notably from Karnataka Minister Priyank Kharge, who questioned the Bharatiya Janata Party (BJP) and Prime Minister Narendra Modi’s stance on corruption, referencing the “na khaunga, na khane dunga” (will not engage in corruption, nor allow others to) slogan. Kharge highlighted the presence of such cases within the Union Cabinet, urging the BJP to clarify its position regarding Kumaraswamy.
Conclusion
The dismissal of HD Kumaraswamy’s plea by the Supreme Court signifies a critical juncture in the ongoing corruption case. As the legal process advances, the outcome of the trial is poised to have substantial ramifications, both legally and politically, within Karnataka and beyond.
About Author
Amita K Pradeep, A law graduate with a B.A. LL. B (Hons) from Ramaiah College of Law, Bangalore with having hands-on experience in legal research, drafting, and client counselling through five diverse internships. Proficient in civil, criminal, and intellectual property law. She also holds certifications in Intellectual Property Rights and Commercial Litigation. Fluent in English, Kannada, Hindi, and Malayalam. Amita is passionate about IPR while also eager to explore other areas of law.
