Supreme Court refuses to quash corruption case against Union Minister HD Kumaraswamy

The Supreme Court on Tuesday refused to quash criminal proceedings against Union Minister for Heavy Industries and Steel HD Kumaraswamy in a land de-notification case from his tenure as Chief Minister of Karnataka. [HD Kumarswamy v. State of Karnataka & Anr.].The Court found no merit in his plea seeking immunity under the 2018 amendment to the Prevention of Corruption Act, 1988, and cleared the way for trial to proceed..A bench of Justices Dipankar Dutta and Rajesh Bindal rejected Kumaraswamy’s argument that the prosecution required sanction, holding that a subsequent amendment to the Act could not be applied retrospectively for alleged misconduct committed before its enactment..The case stems from the de-notification of 2 acres and 24 guntas of land in Halagi Vaderahalli Village, Banashankari, which was acquired by the Bangalore Development Authority (BDA) in 1997. Despite objections from the BDA, Kumaraswamy, as Chief Minister, ordered the de-notification of the land in 2007, following which it was sold to private parties for ₹4.14 crore in 2010.A private complaint led to an investigation by the Lokayukta Police under provisions of the Indian Penal Code, the Prevention of Corruption Act, and the Karnataka Land (Restriction of Transfer) Act. Kumaraswamy had earlier challenged the FIR in the Karnataka High Court, but his plea was dismissed in 2015. The Supreme Court also refused to interfere in 2016, allowing the investigation to continue..In 2019, while Kumaraswamy was serving his second term as Chief Minister, a closure report was filed in the case. However, the Special Judge (MPs & MLAs) rejected the report and summoned Kumaraswamy, ruling that the allegations warranted trial. Kumaraswamy again moved the Karnataka High Court, but the High Court upheld the summoning order, stating that there was no ground for interference given the seriousness of the allegations. .Before the Supreme Court, Senior Advocate Mukul Rohatgi arguing on behalf of Kumaraswamy contended that trial could not proceed without prior sanction from the government, citing Section 19 of the Prevention of Corruption Act as amended in 2018..The State of Karnataka, represented by Senior Advocate Harin Rawal and Additional Advocate General Aman Panwar, opposed his plea, arguing that sanction was not required as he had ceased to hold public office and that the 2018 amendment could not be applied to past offences.The Supreme Court agreed with the State’s arguments and dismissed Kumaraswamy’s plea, allowing the trial to move forward..[Read Order]