MUDA case: Court reserves verdict in ED's petition challenging Lokayukta 'B' report
Bengaluru: The Special Court for People's Representatives, which heard the petition filed by the Enforcement Directorate (ED) challenging the Lokayukta 'B' Report that stated Chief Minister Siddaramaiah had no role in the Mysuru Urban Development Authority (MUDA) illegal land allotment case, has reserved its verdict.
During the hearing, the Lokayukta's lawyer said that the petition filed by the ED is not allowed under the law. There is no clarity about the investigation in the ED's petition. The ED had given a letter and 27 documents to the Lokayukta police. Based on these documents, the Lokayukta Investigating Officer filed the 'B' Report.
The ED's letter was also leaked to the media. This letter and the documents are included on page 646 of the charge sheet. The Lokayukta Investigating Officer's opinion has also been recorded. The ED is not an aggrieved party and does not have the right to question the 'B' Report. The ED is not allowed to file such an interim application, lawyer Venkatesh Arabatdi argued, citing a Supreme Court verdict.
“The Lokayukta Investigating Officer examined all the documents collected by the police and others and gave their opinion. If the ED, a third party, is allowed to intervene, it will create complications,” lawyer Venkatesh Arabatdi urged, requesting that the ED's application not be considered.
Later, ED lawyer Madhukar Deshpande argued that the ED is a statutory informant under Section 66(2) of the PMLA Act. The ED’s powers were clarified in the Vijay Madanlal Chaudhary case. Judgments in the Martin and Nagaraj cases in 2022 also upheld the ED's powers. The Supreme Court ruled that ED and local police investigations should be complementary. In such cases, the aggrieved person does not need to be directly affected. The ED can also file a complaint against the 'B' Report, he argued.
following which, the lawyer for the complainant, Snehamayi Krishna, argued that if any person provides information, they should be considered a witness.
But while the Lokayukta police gave one version, the ED gave another. The Lokayukta said the police had not considered the ED's report.
The court, after hearing all arguments, reserved its order for April 15.
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National Herald case: Shivakumar to seek time next week to appear before Delhi police
New Delhi/Bengaluru (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Monday said he will ask for time from Delhi police to appear before them next week, to provide required information as part of the probe into the National Herald case.
He said he will seek time after the ongoing winter session of Karnataka legislature ends on December 19. He will also ask the Delhi police to provide him the FIR copy.
Shivakumar, who is in the national capital, had earlier said that he will appear before the Delhi police on Monday. But, he postponed the plan in order to rush back to Karnataka to participate in the last rites of veteran Congress leader Shamanuru Shivashankarappa, scheduled later in the day in Davangere.
"I had to go (to appear before the Delhi police), but I have to go back urgently. I'm asking them for time, stating that I will come next week," Shivakumar told reporters in New Delhi.
"They (Delhi police) have not attached the FIR copy while issuing notice to me. I need FIR copy, because we had already given all the required replies to the ED. I don't know what the FIR says, I only read in papers. They have given notice, I will ask for a FIR copy. I will come next week after the Assembly session."
The Delhi Police had issued a notice to Shivakumar, who is also the Karnataka Congress chief, seeking financial and transactional details as part of its probe into the National Herald case.
The notice issued by the Economic Offences Wing (EOW) states that Shivakumar is "supposed to be having vital information" pertaining to the National Herald case registered on October 3 this year, against top Congress leaders Sonia Gandhi and Rahul Gandhi.
In the notice dated November 29, the EOW had asked Shivakumar to appear before it or provide the requested information by December 19 latest.
Investigators have sought details about his personal background, his association with the Congress party, and a complete break up of funds allegedly transferred by him or associated entities to Young Indian.
To a question on meeting AICC General Secretaries K C Venugopal and Randeep Singh Surjewala, amid the ongoing power tussle between him and CM Siddaramaiah over the Chief Minister post, Shivakumar said when he comes to Delhi, he usually meets every one.
"Whether it is Surjewala or Kharge (AICC President Mallikarjun Kharge) or Venugopal, I will meet everyone. During lunch yesterday I met Rahul Gandhi and Sonia Gandhi. I have met everyone. What's wrong?" he asked.
Shivakumar was in Delhi to take part in Congress' "Vote Chori" rally on Sunday, and had also participated in the lunch organised by the party for its leaders.
Responding to a question, whether any meeting is planned with leaders today, the Deputy CM said, he and Kharge will be travelling together to Karnataka, to pay last respects to Shamanuru Shivashankarappa.
Asked if he will seek time for a separate meeting with Congress leadership including Rahul Gandhi, during the next visit to Delhi, Sivakumar said, "such things will be there between us in the party.... you don't worry."
