Karnataka government says High Court can't suo motu transfer Siddaramaiah MUDA probe to CBI

The Karnataka government on Monday argued that the Karnataka High Court cannot suo motu transfer the ongoing Lokayukta probe into the alleged Mysore Urban Development Authority (MUDA) scam against Chief Minister Siddaramaiah to the Central Bureau of Investigation (CBI) on a mere apprehension that the Lokayukta probe might not be a fair one..Senior Advocate Kapil Sibal, who appeared for the Karnataka government, told Justice M Nagaprasanna that Section 7 of the Lokayukta Act gave the Lokayukta the power to investigate public servants or government officials, including Chief Ministers.Sibal made the submissions while opposing the petition filed by activist Snehmayi Krishna, who is also the original complainant in the MUDA case, seeking transfer of the Lokayukta probe to the CBI..Appearing for Krishna, Senior Advocate Maninder Singh had earlier argued that the Lokayukta Police might not be able to conduct a fair probe and instill public confidence since it was a State authority and was now being tasked to probe the Chief Minister.Sibal, however, countered that Singh’s argument had no legal standing in the face of the statutory powers granted to the Lokayukta by Section 7 of the Act.Besides, Sibal argued, a probe can be transferred to another agency only if either or all litigating parties believe the probe is mala fide. However, in the present case, the Lokayukta Police had submitted its report in a sealed cover to the special court. Neither the parties nor the High Court had any idea of what such report said.“How then, without knowing anything about the contents of the report and how the investigation has been conducted, can it be transferred out? The High Court has to have reasons to believe the probe is malafide. It cannot suo motu transfer it out. If he (Siddaramaiah) has been condemned, well and good. But if that is not the case, then can this Court take such burden upon itself?” Sibal argued..Senior Advocate Dr Abhishek Manu Singhvi, who appeared for Siddaramaiah, also opposed Krishna’s plea on similar grounds.Singhvi said Krishna, in his complaint seeking the Governor’s sanction to prosecute Siddaramaiah in the case, and in his submissions opposing the Chief Minister’s plea challenging such sanction, had asked for a probe either by an independent agency such as the CBI, or by the Lokayukta wing of the police..Until the day the Lokayukta registered the first information report (FIR) on September 27, 2024, the complainant had equal faith in both the Lokayukta and the CBI, Singhvi said,"But within an hour of the FIR, he had a change of heart and he now comes before this Court asking that his first prayer be ignored. How can that be done? He got what he wanted,” he added.Singhvi further said that if the High Court agreed with Krishna’s submissions, then the Lokayukta, despite its statutory powers, will never be able to investigate any public servant..Meanwhile, Senior Counsel Dushyant Dave, who appeared for J Devaraju, the original owner of the land that was ultimately transferred to Siddaramaiah’s wife Parvathi through a gift deed, told the Court that his client, at the age of 80, was now caught in a political conflict.Dave argued that Justice Nagaprasanna in another order that upheld the Governor’s sanction to prosecute Siddaramaiah, had made damning observations against Devaraju without giving him a hearing..Senior Advocates Ravi Varma Kumar and Aditya Sondhi, who appeared for Siddaramaiah and his brother-in-law Malikarjuna Swamy respectively, also opposed Krishna's petition.Kumar further said that the Chief Minister did not believe that the CBI was an independent agency..The Court recorded all submissions and reserved its orders..In September last year, Justice Nagaprasanna had dismissed a plea filed by Siddaramaiah challenging the sanction granted by the Governor to file corruption cases against the Chief Minister over land that MUDA granted to his wife Parvathi.Subsequently, the Karnataka Lokayukta had filed an FIR against Siddaramaiah and three others on charges of corruption, cheating and forgery in connection with the MUDA site allotment.