The High Court of Karnataka on Monday remanded a land denotification case against former chief minister H D Kumaraswamy to the Special Lokayukta Court for ‘fresh consideration.’
Quashing the order of the Lokayukta Court initiating proceedings against Kumaraswamy, Justice H N Nagmohan Das observed that the order has been passed “mechanically” without considering the contents of the charge sheet. The Court observed that additional and second charge sheets were not filed when the proceedings were initiated.
The case pertains to the alleged illegal notification of 3.83 acres of government land in Thanisandra when Kumaraswamy was the chief minister between February 2006 and October 2007.
“The Special Judge, without applying his mind to the contents of the charge sheet, had mechanically passed the impugned order, taking cognisance of the offences which are not specified in the charge sheet. On this ground, the impugned order passed by the Special Judge is liable to be quashed,” the Court said.
The Lokayukta Court had ordered investigation following a private complaint filed by M S Mahadevaswamy alleging that Kumaraswamy denotified the land for monetary gain. Former minister C Chennigappa has is also an accused in the case.
Plea on ‘Kannada flag’
The High Court has disposed of a petition alleging the misuse of the ‘Kannada flag’ by the Karnataka Rakshana Vedike after the State government submitted that it has withdrawn the circular to hoist the flag compulsorily.
Prakash Shetty, a Bangalore-based advocate, had approached the Court alleging that the ‘Kannada Flag’ was being misused by some organisations to promote themselves. The Division Bench comprising Chief Justice Vikramajit Sen and Justice B V Nagarathna observed that the flag had not been officially recognised and the National flag was supreme.
During the hearing, the Chief Justice asked the Advocate General whether the flag was hoisted during the Rajyotsava Day this year and the latter replied in the negative.
“The so-called Kannada flag was not officially hoisted during the Rajyotsava Day this November. What one must ensure is that the National flag is not insulted as it is supreme,” the Bench noted while disposing of the petition.
Advocate General Vijay Shankar produced a copy of the circular dated October 4, 2012, withdrawing the earlier circular directing deputy commissioners to compulsorily hoist the bicolour flag atop government buildings, schools and colleges.