Hd kumaraswamy
New Delhi: Union Heavy Industry and Steel Minister and former Chief Minister of Karnataka HD Kumaraswamy have received a major setback from the Supreme Court. The Supreme Court has refused to cancel the ongoing corruption case against Kumaraswamy. In fact, while being the Chief Minister in 2007, Kumar Swamy ordered the cancellation of two acres of land notification of Bangalore Development Authority. A complaint was lodged against Kumaraswamy. Kumaraswamy argued that permission has not been obtained from the appropriate authority to prosecute him, so the case against him should be canceled. The Supreme Court refused to cancel criminal proceedings in the case of cancellation of land notification as Chief Minister of Karnataka.
What did the court agree?
The court admitted that under the amendment made in 2018 in the Anti Corruption Act, there is no right to conservation. With this decision of the Supreme Court, the way has now been cleared to carry forward the case against Kumaraswamy in the lower court. The Supreme Court dismissed the plea of Kumaraswamy’s lawyer that the argument was needed for prosecution.
The court said that the amendments made in the Anti Corruption Act will not be applicable from the previous date. In fact, this case started after an order to denotize 2 acres and 24 Gunta land in Banashankari area of Bengaluru. This piece of land was acquired by Bangalore Development Authority (BDA) in 1997. Despite the BDA objections, the then Chief Minister Kumaraswamy ordered the cancellation of its notification in 2007, after which it was sold to private parties in 2010 for Rs 4.14 crore.
When Kumaraswamy became the Chief Minister again in 2019, a closure report was filed in this case. However, this closure report was rejected by the MP/ MLA court and issued summons to Kumaraswamy. Kumaraswamy challenged the decision of MP/MLA court in the High Court but the Karnataka High Court upheld the summons order and said that there is no basis for interfering in it, given the seriousness of the allegations. Kumaraswamy challenged the High Court’s decision in the Supreme Court in 2020. The Karnataka government also opposed Kumaraswamy’s demand, saying that the amendment of 2018 in the Corruption Act cannot be implemented on previous offenses.
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