ED's search and seizure at Ex-MUDA chief's residence unlawful: Karnataka HC
Bengaluru, Jan 29 (PTI): The Karnataka High Court ruled on Wednesday that the Enforcement Directorate's search and seizure at the residence of former Commissioner of MUDA was unlawful and an abuse of legal procedures.
The court also granted the official the right to initiate legal action against those involved in the search.
The case is linked to allegations of illegal site allotment to Parvathy B M, the wife of Karnataka Chief Minister Siddaramaiah.
Justice Hemant Chandangoudar, delivering the verdict, stated that the ED must uphold fairness in its investigations, as it is a key agency responsible for tackling money laundering.
He emphasised that searches conducted arbitrarily infringe upon the fundamental right to liberty and privacy under Article 21 of the Constitution. The court found that the ED had no prima facie evidence to invoke Section 3 of the Prevention of Money Laundering Act (PMLA), making the search baseless and a violation of legal procedures.
"The ED cannot disregard procedural fairness outlined in the PMLA. Civil liberties cannot be compromised without adhering to due process," the judgment noted.
Granting relief to Natesh D B, former commissioner of Mysuru Urban Development Authority (MUDA), the court nullified the search operation carried out on October 28-29, 2024. It also invalidated his statements recorded under Section 17(1)(f) of the PMLA and quashed the summons issued on October 29 and November 6, 2024, under Section 50 of the Act.
The court observed that while the allegations revolve around the illegal allotment of sites during Natesh's tenure as MUDA Commissioner, no evidence suggested that he received any financial benefit from the transactions. As a result, he could not be held liable for possessing, concealing, or using proceeds of crime under Section 3 of the PMLA.
The court further clarified that merely holding a site allegedly allocated unlawfully does not automatically constitute an offence under the Act unless all elements required under Section 3 are met.
Additionally, the high court granted Natesh the right to initiate legal action under Section 62 of the PMLA against the officials involved in the search, stating that whether the operation was vexatious would need to be determined through trial.
The ED had registered an Enforcement Case Information Report (ECIR) on October 1, 2024, based on an FIR filed by the Lokayukta regarding alleged irregularities in MUDA site allotments.
Following authorisation from the ED's Joint Director, an Assistant Director conducted the search at Natesh's residence under Section 17 of the PMLA. During the operation, his mobile phone was seized, and its data was transferred to a hard disk. He was also questioned under oath as part of the probe.
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Former South Korean President Yoon receives life sentence for imposing martial law
Seoul (AP): Former President Yoon Suk Yeol was sentenced to life in prison for his brief imposition of martial law in December 2024.
Judge Jee Kui-youn said he found Yoon guilty of rebellion for mobilizing military and police forces in an illegal attempt to seize the liberal-led National Assembly, arrest politicians and establish unchecked power for a “considerable” time.
Yoon is likely to appeal the verdict.
A special prosecutor had demanded the death penalty for Yoon, saying his actions posed a threat to the country's democracy and deserved the most serious punishment available, but most analysts expect a life sentence since the poorly-planned power grab did not result in casualties.
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South Korea has not executed a death row inmate since 1997, in what is widely seen as a de facto moratorium on capital punishment amid calls for its abolition.
As Yoon arrived in court, hundreds of police officers watched closely as Yoon supporters rallied outside a judicial complex, their cries rising as the prison bus transporting him drove past. Yoon's critics gathered nearby, demanding the death penalty.
The court also convicted and sentenced several former military and police officials involved in enforcing Yoon's martial law decree, including ex-Defense Minister Kim Yong Hyun, who received a 30-year jail term for his central role in planning the measure and mobilizing the military.
Yoon, a staunch conservative, has defended his martial law decree as necessary to stop liberals, whom he described as “anti-state” forces, from obstructing his agenda with their legislative majority.
The decree lasted about six hours before being lifted after a quorum of lawmakers managed to break through a military blockade and unanimously voted to lift the measure.
Yoon was suspended from office on December 14, 2024, after being impeached by lawmakers and was formally removed by the Constitutional Court in April 2025. He has been under arrest since last July while facing multiple criminal trials, with the rebellion charge carrying the most severe punishment.
Last month, Yoon was sentenced to five years in prison for resisting arrest, fabricating the martial law proclamation and sidestepping a legally mandated full Cabinet meeting before declaring the measure.
The Seoul Central Court has also convicted two of Yoon's Cabinet members in other cases. That includes Prime Minister Han Duck-soo, who received a 23-year prison sentence for attempting to legitimize the decree by forcing it through a Cabinet Council meeting, falsifying records and lying under oath. Han has appealed the verdict.
