Supreme Court delivers major setback to HD Kumaraswamy in land de-notification case
New Delhi: In a significant legal blow to Union Minister for Heavy Industries and Steel, HD Kumaraswamy, the Supreme Court on Tuesday refused to interfere in the ongoing trial against him in a controversial land de-notification case.
A bench comprising Justice Dipankar Dutta and Justice Rajesh Bindal dismissed Kumaraswamy’s plea, rejecting his arguments for immunity under the amended Prevention of Corruption Act, 1988. The ruling has paved the way for the trial to proceed, intensifying legal troubles for the former Karnataka Chief Minister.
The case in question revolves around the de-notification of two parcels of land in Hallage Vaderahalli village in Banashankari 5th Stage, Bengaluru. The land, measuring a total of 2 acres and 24 guntas, was initially acquired by the Bangalore Development Authority (BDA) through a final notification issued on September 12, 1997. An award was subsequently passed in 1998, and possession of the land was officially handed over to the BDA on September 29, 1999. Despite this, the original landowner, Smt. Padma, illegally sold the land to third parties in contravention of the Karnataka Land (Restriction on Transfer) Act, 1991.
Following these transactions, Padma submitted a representation to the then Chief Minister, HD Kumaraswamy, requesting the de-notification of the land. Despite strong opposition from the BDA, which asserted that the property lawfully belonged to the authority, Kumaraswamy intervened directly. Bypassing the de-notification committee, he personally ordered the withdrawal of the acquisition proceedings, leading to the issuance of a de-notification order on October 1, 2007. Subsequently, in March 2010, the de-notified land was sold for a staggering sum of Rs. 4.14 crore.
A private complaint was later filed against Kumaraswamy, alleging corruption and misuse of office. The Special Judge for MPs and MLAs, in an order dated July 4, 2012, directed the Lokayukta Police to investigate the matter. This led to the registration of a case under multiple sections of the Indian Penal Code, including 420 (cheating), 463 (forgery), 468 (forgery for the purpose of cheating), and 471 (using forged documents as genuine), along with sections of the Prevention of Corruption Act and the Karnataka Land Restriction of Transfer Act.
Kumaraswamy initially challenged the FIR in the Karnataka High Court, but his petition was dismissed on July 27, 2015. He subsequently approached the Supreme Court, which also rejected his plea on October 3, 2016. When he returned to power as the Chief Minister of Karnataka in 2018, a closure report was filed in the case, widely seen as an attempt to suppress the investigation. However, on September 4, 2019, the Special Judge rejected the closure report and issued summons to Kumaraswamy.
In response, Kumaraswamy once again moved the High Court, arguing against the summoning order. However, the court noted the seriousness of the allegations against him and refused to interfere with the trial. Persisting in his legal battle, Kumaraswamy took the matter to the Supreme Court, asserting that as a public servant, he could not be tried without prior sanction. His defense, presented by senior advocate Mukul Rohatgi, argued that the 2018 amendments to the Prevention of Corruption Act provided him with retrospective immunity, shielding him from prosecution.
However, the Supreme Court firmly rejected these arguments, emphasizing that the allegations were of grave concern and involved the misuse of the Chief Minister's office for personal gains. The court upheld the state government’s position, which was represented by senior advocate Harin Rawal and Additional Advocate General Aman Panwar. The state contended that Kumaraswamy was no longer a public servant and, therefore, not entitled to any protection under the law. It was further argued that the 2018 amendment to the Prevention of Corruption Act could not be applied retrospectively to shield crimes committed before its enactment.
With this ruling, the Supreme Court has effectively cleared the path for the trial against Kumaraswamy to proceed. The decision is being seen as a major setback for the Union Minister, who now faces serious legal consequences if proven guilty.
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'Last rites' of INDIA bloc: BJP on Cong-DMK fallout in Tamil Nadu
New Delhi (PTI): The BJP on Wednesday took a swipe at the Congress for extending support to Vijay's TVK in forming the government in Tamil Nadu and breaking away from its long term ally DMK, saying the party has a history of "betraying" its allies.
The saffron party also attacked the opposition INDIA bloc, claiming the alliance is "falling apart like a pack of cards" and lacks any common ideology or vision.
The Tamil Nadu Congress has decided to support TVK leader Vijay in forming a secular government in the state, sources said.
The decision to support the TVK was taken at an urgent meeting of the Political Affairs Committee (PAC) of Tamil Nadu Congress late on Tuesday night.
Reacting to the development, BJP national spokesperson Shehzad Poonawalla claimed the INDIA alliance had effectively come to an end after the declaration of assembly election results on May 4.
"There is nobody whom the Congress has not deceived. Imagine what they will do to the Samajwadi Party if they have done this to the DMK," he wrote in a post on X.
Calling it the "last rites" of the INDIA bloc, Poonawalla, in a video post, said, "It has become a Bharat free of the DMK, TMC and the Left, and now Congress has dumped the DMK for the TVK."
The BJP spokesperson alleged that the opposition bloc was formed solely out of political compulsions and personal ambitions.
"The INDI alliance never had any mission or vision. It was only about ambition for position, corruption, commission and obsession against Modi ji that they came together. But now it is all falling apart like a pack of cards," he said.
Questioning the unity of the opposition parties, Poonawalla said the alliance was absent in several states during the election.
"Where was the INDI alliance in Bengal, in Kerala, in Gujarat, in Punjab, in Delhi, in Haryana, in Karnataka? There is no INDI alliance," he said.
The DMK on Wednesday described the Congress move to extend support to TVK as a "backstab" by its long-time national ally.
Speaking to PTI videos, DMK spokesperson Saravanan Anadurai said, "The Congress party has decided to ally with the TVK, pledging their support to the party. I think they have backstabbed... They have backstabbed the people of Tamil Nadu. They've backstabbed the mandate given by the people of Tamil Nadu."
He said that the decision came even before the electoral process had fully concluded.
"Even before the ink on the returning officer's signature on the victory certificate dried up, they've chosen to go ahead with an alliance," he said.
Vijay's TVK won 108 seats in the 234-member Tamil Nadu Assembly, falling short of the halfway mark. He needs the support of 10 MLAs to form a government with a simple majority. The results were declared only on Monday.
The Congress has won five seats, while the Pattali Makkal Katchi (PMK) has bagged four seats. The CPI and CPI-M have two seats each. The outgoing ruling party, Dravida Munnetra Kazhagam (DMK), has won 59 seats while the All India Anna Dravida Munnetra Kazhagam (AIADMK) has won 47 seats.
The Bharatiya Janata Party (BJP) has won only one seat, and so have the Desiya Murpokku Dravida Kazhagam (DMDK) and the Amma Makkal Munnettra Kazagam (AMMK), while the VCK has won two seats.
The Congress had fought the assembly polls in a pre-poll alliance with the DMK, while the BJP had a tie-up with the AIADMK.
