HC breather for HDK in illegal mining case

The High Court on Friday granted four-week stay into the investigation being carried out by Lokayukta’s special investigating team with regard to an FIR filed against former chief minister H D Kumaraswamy for issuing lease to Sri Sai Venkateshwara Minerals illegally in 2007.

Justice A N Venugopala Gowda ordered emergent notice to the Lokayukta's SIT and Lokayukta police.

The petitioner, Kumaraswamy has contended that an FIR has already been lodged against him in 2011 by T G Abraham with regard to issuance of mining leases, a second FIR has been filed in 2014 by Lokayukta's SIT.  The petitioner has contended that two parallel complaints and investigation cannot be carried out simultaneously. Hasmath Pasha, counsel for petitioner, argued that filing a second FIR in the same matter is not just harassing the person, but is against the Supreme Court direction. The counsel argued that they have never sought for quashing of the first FIR. The bench observed that the second FIR and investigation is additional information to the prosecution. 

The bench ordered the investigation into the matter by the Lokayukta appears to be a prima facie overlapping and in the circumstances, the FIR registered by Lokayukta's SIT has been stayed for four weeks.  However, the order will not come in the way of the investigation being carried with regard to the first FIR.  H D Kumaraswamy has been booked for offences under Section 13(1) (d) and (e) of the Prevention of Corruption Act, 1988.