Bengaluru/Dharwad: In a big relief for chief minister Siddaramaiah, wife Parvathy and others, Karnataka high court Friday dismissed a petition seeking transfer of investigations into Mysuru Urban Development Authority (Muda) alternative sites allotment case from Lokayukta to the Central Bureau of Investigation (CBI). The court said the office of Lokayukta enjoys institutional integrity and does not suffer from questionable independence.
Dismissing the petition filed by activist Snehamayi Krishna, Justice M Nagaprasanna said in his order that the institutional integrity and independence of the Lokayukta will not be forgotten as it is competent to investigate any offence against a sitting CM as it was done in the past. “Therefore, I hold Lokayukta to be an independent agency, competent to investigate the allegations against high functionaries, including the CM.”
Krishna said he would move Supreme Court against the HC verdict. “I’ll continue my efforts to get CBI to probe the MUDA scam,” he said.
The insulation of the institution “from external influences is already recognised by the apex court and the division bench of this court. The material on record nowhere indicates the investigation conducted by the Lokayukta is partisan, lopsided, or shoddy for reference to the CBI for further investigation or re-investigation,” Justice Nagaprasanna stated.
“A perusal of the records of investigation would indicate all public documents available are taken note of and statements of all the accused recorded. I do not find any partisan, biased, lopsided, or shoddy investigation conducted by Lokayukta police. It does not require re-, further (or) de novo (fresh) investigation by the CBI,” the judge said.
Negating the petitioner’s contention that impartial probe is not possible since Siddaramaiah wields immense power and influence over the state investigating agencies, including the Lokayukta police, Justice Nagaprasanna said, “The high court, by the stroke of a pen, cannot, without any rhyme or reason, remotely think of holding Lokayukta not to be an independent agency, or an extended arm of the govt.”
The judge cited several judgments of the Supreme Court and a division bench of the high court, which, he said, recognised the independence of the Lokayukta.
“Merely because a party has levelled allegations against the local police in a routine manner, the matter should not be transferred to the CBI. The extraordinary power must be exercised sparingly, cautiously, and in exceptional situations, in instances that may have wide ramifications, failing which the CBI would be flooded with a large number of cases with limited resources,” the judge said.
Pointing out that the Muda case investigation is being conducted by a wing of Lokayukta and not the local police, the judge said the Lokayukta police wing is insulated from political interference by the Lokayukta Act.
Observing that the petitioner had originally sought investigation by Lokayukta police, the judge said that even before the FIR could be registered, he has a CBI probe. “This cannot be countenanced,” he added.
The judge said the Lokayukta is at liberty to place its probe report before the court concerned.
Congress leader Saleem Ahmed, who’s also legislative council’s chief whip, called the HC order “a victory of the truth”. “The verdict is a fitting reply to the conspiracy orchestrated by BJP and JD(S) through Snehamayi Krishna,” he said.
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