HC stays mining cases against ex-CMs
The Karnataka High Court on Thursday stayed for four weeks, criminal proceedings against former chief ministers S M Krishna and H D Kumara- swamy, who face charges of allowing unlawful illegal mining during their tenure, for four weeks.
Justice B V Pinto granted interim stay on the First Information Report (FIR) registered by the Lokayukta police against the two leaders to investigate their roles in allowing unlawful mining during their respective tenures as chief ministers.
Uday Lalit, counsel for Krishna, stressed that the FIR lodged on December 8, 2011, was provoked by a private complaint filed by businessman T J Abraham. The complainant had relied on the Lokayukta report on illegal mining which nowhere referred to granting mining leases between 1999 and 2004 when Krishna was chief minister, Lalit argued.
He further argued that the complaint against Krishna did not constitute an offence prima facie as it was based on the Lokayukta report on illegal mining which did not refer to him “at all”. The Lokayukta report refers to granting of mining lease after 2006 when Krishna had been succeeded by N Dharam Singh.
Lalit reiterated that Krishna did not commit any illegality or wrongdoing in granting the leases as he did not hold the portfolio of Mines and Geology. It was the State Cabinet which decided the granting of leases. Hence, it was wrong to blame only Krishna for the lapses, if any.
The Lokayukta police should not have lodged the FIR against the union minister in the first place, Lalit reasoned. He also claimed that a magistrate court (the Lokayukta Special Court in this case) was not empowered to order criminal proceedings which did not have any basis.
After hearing Krishna’s counsel, Justice Pinto granted the stay and directed the respondent, Abraham, to file objections by January 6, 2012.
Krishna had filed the petition on December 9 seeking quashing of Abraham’s complaint as well as the FIR.
HDK too gets relief
In a separate order, Justice Pinto granted interim stay on the FIR lodged against H D Kumaraswamy for his alleged role in allowing illegal mining when he was the chief minister between February 2006 and October 2007.
The court ordered the Lokayukta police not to disturb, harass, or arrest Kumaraswamy and his family.
The order followed arguments by Kumaraswamy’s counsel Hasmath Pasha, who asserted that “false and frivolous” complaints were filed against his client “to gain publicity”.
According to Pasha, the complaint filed by Abraham was “not maintainable” at all, as the earlier one pertaining to the renewal of mining lease of Jantakal Mining Company had been dismissed by the High Court on October 21, 2011.
Abraham’s complaint and the subsequent FIR belong to the same matter as that of the Jantakal Mining Company. “It amounts to double jeopardy and hence should be quashed,” Pasha said.
As far as the mining granted to another firm, Sai Venkateshwara, was concerned, no offence was committed under the Prevention of Corruption Act, 1988, Kumaraswamy’s counsel said. Also, the Lokayukta report on illegal mining did not seek criminal action against Kumaraswamy in connection with the leases granted to two others, Pasha explained.
The two leases were not executed and no mining was carried out. Hence, the State Exchequer did not incur any loss, he said.
Justice Pinto directed Abraham to file objections before January 5, 2012, when the matter would be heard again.
