MUDA case: Karnataka High Court stays ED summons to CM’s wife, Minister Byrathi Suresh

High Court of Karnataka stays ED summons to CM's wife and minister, citing impact on pending proceedings.

The High Court of Karnataka on Monday (January 27, 2025) stayed the summons issued by the Enforcement Directorate (ED) to Parvathi, wife of Chief Minister Siddaramaiah, and Byrathi Suresh, Minister for Urban Development, asking them to appear before the investigating officer for recording their statements in connection with the illegalities in allotment of 14 sites to Ms. Parvathi by the Mysuru Urban Development Authority (MUDA).

Justice M. Nagaprasanna passed the interim order on separate petitions filed by Ms. Parvathi and Mr. Suresh. While Ms. Parvathi was asked to appear before the ED’s investigating officer on January 28, Mr. Suresh was asked to appear on January 27. However, he did not appear, citing ceremonies related to his son’s marriage.

The court said the ED’s action of summoning the petitioners would frustrate the proceedings pending before the High Court on the petition seeking transfer of the probe in the MUDA case to the Central Bureau of Investigation from the hands of the Lokayukta police while refusing to accept the contention raised on behalf of the ED that mere recording of statement would not impact the pending proceedings as ED’s action are under the provisions of the Prevention of Money Laundering Act.

Justice Nagaprasanna pointed out that since he has already deferred the submission of investigation reports by the Lokayukta police before the Special Court on the First Information Report (FIR) till the pronouncement of the verdict on the petition filed by activist Snehamayi Krishna seeking a CBI probe, allowing the ED to record statement would not be proper.

Also, Justice Nagaprasanna noted the submission of advocates representing Ms. Parvathi and Mr. Suresh that another single bench of the High Court [Justice Hemant Chandangoudar] has on January 27 allowed a petition filed by D.B. Natesh, a former Commissioner of MUDA, who had questioned the legalities of the searches conducted in his premises and recording of his statement by the ED and copy of the judgement in Mr. Natesh’s case is yet to be released.

While Ms. Parvathi is an accused in the FIR registered by the Lokayukta police in the MUDA case, Mr. Suresh has not been arraigned yet.