Karnataka High Court refuses to transfer MUDA case against CM Siddaramaiah to CBI

The complainant had asked for a probe by the Lokayukta police. But later, the complainant sought a probe by the CBI without even making any allegation on the probe being conducted by the Lokayukta police, it was argued on behalf of Mr. Siddaramaiah while contending that a complainant cannot choose the investigating agency, and the probe cannot be transferred to the CBI merely because of the alleged involvement of the Chief Minister.

The High Court of Karnataka on February 7 refused to transfer to the Central Bureau of Investigation (CBI) from the Lokayukta police the investigation into the criminal case on alleged illegal allotment of 14 sites to Chief Minister Siddaramaiah’s wife Parvathi by the Mysuru Urban Development Authority (MUDA).

“There is no malady of the kind that is projected by the apex court present in this case to refer the matter for further investigation or reinvestigation into the hands of the CBI. It is not a penacia for the projected ill. The material on record on its perusal nowhere indicates that the investigation conducted by the Lokayukta police is partisan, lopsided or shoddy for this court to refer the matter to the CBI for further or reinvestigation,” the Court observed.

Justice M. Nagaprasanna passed the order on the petition filed by Mysuru-based social activist Snehamayi Krishna.

It was argued on behalf of Mr. Krishna that transfer of probe to an independent agency like CBI is essential as all the State authorities, through the State Cabinet, the Chief Secretary’s note etc., have in unison defended the Chief Minister on the alleged illegalities.

“Mr. Siddaramaiah, being the CM, yields immense power and influence over the State departments, especially State’s investigating agencies such as the police authorities and the Karnataka Lokayukta Police. Such being the situation, any investigation undertaken by either of the agencies into the allegations made against the CM, would not be an impartial investigation,” it has been claimed in Mr. Krishna’s petition.

“Investigation was not being done in the manner that public confidence be restored in respect of an investigation in a matter of this kind...,” it was argued on behalf of Mr. Krishna.

Government’s arguments It was argued on behalf of the State government that none of the circumstances evolved by the apex court exist in MUDA case to transfer the probe to an independent agency and it is not possible to transfer the probe to another agency without making known the report of the present investigation to the accused as well as the complainant. The Lokayukta Act, which authorises the Lokayukta to investigate the case even against Chief Minister, becomes meaningless if the probe is transferred to the CBI, Mr. Sibal said.