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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LS passes bill to open up nuclear sector for private participation
New Delhi (PTI): Lok Sabha on Wednesday passed the nuclear energy bill with Union minister Jitendra Singh asserting that it would help India achieve its target of 100 GW atomic energy generation by 2047.
The Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India (SHANTI) Bill, which seeks to open the tightly-controlled civil nuclear sector for private participation, was passed by voice vote amid a walkout by the opposition.
Singh termed the bill a "milestone legislation" that will give a new direction to the country's developmental journey.
"India's role in geopolitics is increasing. If we have to be a global player, we have to follow global benchmarks and global strategies. The world is moving towards clean energy. We too have set a target of 100 GW of nuclear energy capacity by 2047," he said.
The opposition contended that the bill diluted provisions of the Civil Liability for Nuclear Damage Act, 2010 that passed on the liability for a nuclear incident on to the suppliers of nuclear equipment.
