The Supreme Court has scheduled a hearing on February 25 to examine a plea by former Karnataka Chief Minister HD Kumaraswamy, seeking to quash proceedings in a corruption case linked to his tenure. The case, which has seen multiple listings without significant progress, hinges on a high court decision from October 9, 2020, that refused to dismiss the charges against Kumaraswamy.
Justices Dipankar Datta and Manohan will specifically address a question of law regarding the cognisance of the case, a matter that the apex court agreed to consider following a notice issued to the complainant, M S Mahadeva Swamy, and the Karnataka government on January 18, 2021.
The allegations against Kumaraswamy, who currently serves as the Union Minister for Heavy Industries, stem from a private complaint under the Prevention of Corruption Act. The complaint accuses him of illicitly de-notifying two plots of land in Halagevaderahalli Village, Bengaluru South Taluk, for personal gain during his administration from June 2006 to October 2007.
In his defense, represented by senior advocate Ranjit Kumar, Kumaraswamy has argued that based on amendments to Section 19(1)(b) of the Prevention of Corruption Act in 2018, a sanction for prosecution was required at the time cognisance was taken, despite him no longer holding office. He contends that the failure to obtain such a sanction prior to the cognisance of the case should invalidate the proceedings.
The Karnataka High Court, however, previously determined that there was adequate material to continue the case against Kumaraswamy. The court also held that there was no evidence to suggest that the prosecution constituted an abuse of process or resulted in a miscarriage of justice, and thus found no grounds to quash the proceedings.
Additionally, regarding the requirement for prior sanction, the high court in 2012 ruled that given the nature of the allegations and the specifics of the case, such sanction under Section 197 of the CrPC and Section 19 of the Prevention of Corruption Act was unnecessary.
