The high court directs Lok Ayukta police to continue with the investigation into two different charges against SM Krishna and HD Kumaraswamy.
In a major upset to external affairs minister SM Krishna, the high court on Friday gave the green signal to Lok Ayukta police to probe into charges that he had de-reserved forests for illegal mining during his tenure as state chief minister.
It was a bad day for former Chief Minister HD Kumaraswamy too as the court allowed investigation into the charges that he had granted licence for illegal mining during his term.
While pronouncing the orders in Krishna’s case, Judge N Ananda said the de-reservation of forests done pursuant to cabinet decision on December 16 2002 was confirmed.
However, he quashed the allegations made against Krishna in relation to illegal acts committed in the management of Mysore Minerals Limited (MML).
The judge said the complaint against Krishna was the reproduction of the relevant parts of the Lok Ayukta report. Hence, it was not possible to hold that he was being subjected to prosecution and humiliation on the basis of a false and wholly untenable complaint.
Therefore, there was no bar to initiate prosecution on the report of the Lok Ayukta submitted to the competent authority under the section 12(3) of Karnataka Lokayukta Act, 1984.
“I hold that the allegations made against Krishna in relation to alleged illegal activities committed in the management of MML do not constitute any cognisable offences against him and they do not call for investigation under section 156(3) of CrPC,” he said. “The averments of complaint made against him in the matter of de-reservation of forest accepted on their face value would constitute offences against him and they warrant investigation under section 156(3) of CrPC,” the judge said.
While pronouncing the orders in Kumaraswamy’s case, the judge said there was no bar to initiate prosecution or investigation into allegations on the complaint that he had approved mining lease illegally in favour of Shree Sai Venkateshwara Minerals.
The allegations reiterated the relevant portion of the Lokayukta report. Therefore, it was not possible to hold that the allegations, which were reiterations of the relevant portions of the report, did not constitute an offence, the judge said. However, he quashed other allegations.
“The allegations that he had collected Rs150 crore from the department of mines and geology (which was reported by a leading newspaper on 15 July 2006) is quashed,” the judge said.
“The allegations that he had misused his official position to renew licence in favour of Janatkal Enterprises and that he had inserted pressure on the commissioner of mines and geology department to issue permit to Janatkal for lifting of old dump of one lakh metric ton of low grade iron and manganese and the reference under section 156(3) of CrPC for investigation into these allegations are quashed,” the judge said.
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