Supreme Court questions H D Kumaraswamy for claiming protection under 2018 PC Act amendment

New Delhi: The Supreme Court on Monday questioned Union Minister and former Karnataka Chief Minister H D Kumaraswamy as to how he could claim protection under 2018 amendment to the Prevention of Corruption Act related to mandatory prior approval for prosecuting a public servant for his acts committed prior to the change in law.

Kumaraswamy questioned the validity of Karnataka High Court's 2020 refusal to quash the proceedings related to denotification of two different plots of land acquired by the Bangalore Development Authority (BDA), during his tenure as Chief Minister between June 2006 and October 2007 allegedly for pecuniary gains.

Taking up his plea, a bench of Justices Dipankar Datta and Manmohan asked his counsel, "In 2012, if you have done something, and the amendment comes in 2018, can you say the sanction is still required? Both from the angle of 197 of the CrPC and Section 19 of the Prevention of Corruption Act, the High Court in the previous round elaborately dealt with the matter and held that sanction was not required."

The court made the observations as the counsel sought time to argue the matter. It fixed the matter for consideration on February 25.

The apex court had in 2021 issued notice limited to the question as to whether without sanction the special judge could have taken cognisance of a complaint under the Prevention of Corruption Act. 

The petitioner contended that in view of the amendment made in Section 19(1)(b) of the Prevention of Corruption Act in 2018, a sanction was required even though he was not holding the office at the time when the cognisance was taken.

Kumaraswamy assailed the High Court's refusal to quash the corruption case related to denotification of two plots at Halagevaderahalli village, Uttarahalli hobli, in Bangalore South.

On September 4, 2019, the Special Court directed registration of the criminal case against Kumaraswamy and others and issued summons against all the accused persons in the complaint filed in 2012 by M S Mahadeva Swamy. 

Without obtaining the sanction under Section 19, no cognisance ought to have taken and the High Court on October 9, 2020 committed an error in rejecting the petition filed under Section 482 of the Criminal Procedure Code, his plea said.

It was alleged Kumaraswamy, during his tenure as the CM, had on October 3, 2007 approved the notification de-notifying the lands, causing losses to the Exchequer.