‘No action till...’: High Court relief for Siddaramaiah after governor sanctioning prosecution

News Network
August 19, 2024

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Bengaluru: The Karnataka High Court on Monday directed the trial court to take no action against Chief Minister Siddaramaiah following Governor Thawaar Chand Gehlot sanctioning the Congress leader's prosecution in the alleged MUDA land scam case. The interim relief for the embattled Chief Minister will be in effect till August 29, when the High Court will hear this case next.

Siddaramaiah had moved the High Court against Mr Gehlot's nod to prosecute him and sought this interim relief on grounds the Governor's action was "illegal and without authority of law", and that allowing his prosecution posed "a grave and imminent risk of irreparable harm (to his) reputation" as well as "disrupt governance... and potentially result in political destabilisation".

"Since the matter is heard by this court and pleadings are to be completed... till the next date of hearing the concerned court (the trial court) should defer its proceedings..." the High Court said.

In its order the court noted that documents submitted by the petitioner (i.e., Chief Minister Siddaramaiah) had "referred to several points of order... to prima facie demonstrate that (the) order (granting sanction to prosecute) bears non-application of mind (by the Governor).

The court also noted the Chief Minister's submission - that the Governor had sanctioned prosecution of the former at "breakneck" speed following filing of a complaint on July 26.

During the hearing senior advocate Abhishek Singhvi, appearing for Siddaramaiah, had urged the court to direct "no precipitate action" and claimed the sanction granted by the Governor is "part of a concerted effort to destabilise the duly elected government of Karnataka..."

He argued the Governor had "picked this complaint (filed by activist TJ Abraham) ... out of 12 to 15 still pending, without single reason". He further argued that conditions to be met for application of Section 17 of the Prevention of Corruption Act, under which the Chief Minister has been charged, were missing.

Mr Singhvi also flagged what he said were other errors that betrayed the order was passed "without application of mind", including the show-cause notice sent to Siddaramaiah referring to one complaint and the Governor's sanction to prosecute referring to "other complaints".

"Mr Abraham's complaint is received and, on the same day, the Governor issues the show-cause notice... legal malice (against Chief Minister Siddaramaiah) has to be inferred. Somebody goes to a 'friendly governor', gives a complaint, and he issues notice..." Mr Singhvi jibed.

Mr Singhvi also referred to the Cabinet's "detailed, legal, and reasoned order" on this topic, and continued, "What did he decide? Order is silent on reasons why sanction should be granted."

"Never Misused Power...": Siddaramaiah

Hours earlier the Chief Minister had said he had not done anything illegal in a political career spanning four decades, and expressed confidence the judiciary would come to his aid.

The senior Congress leader declared he had been a Chief Minister and a Minister over the course of his career and had "never misused power for personal gains". He also dismissed protests by the BJP, saying, "In politics it is natural that parties will protest... so let them protest, I am clean."

A massive row erupted in Karnataka over the weekend after the Governor sanctioned prosecution of the Chief Minister on corruption charges in connection with the Mysuru Urban Development Authority, or MUDA, case after petitions by three activists.

The Governor said his order was necessary to conduct a "neutral, objective, and non-partisan investigation", adding he is prima facie "satisfied" the alleged infractions were, in fact, committed.

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News Network
November 5,2024

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Bengaluru: In a major legal twist, an FIR has been filed against Union Minister H.D. Kumaraswamy, his son Nikhil Kumaraswamy, and their close associate Suresh Babu. The trio is accused of threatening a senior IPS officer and making false allegations against him. The FIR, registered by the Sanjaynagar police, follows a complaint by Additional Director General of Police (ADGP) M. Chandrasekhar, who heads the Special Investigation Team (SIT) under the Karnataka Lokayukta.

Allegations Against Kumaraswamy
The crux of the case revolves around ADGP Chandrasekhar's investigation into Kumaraswamy's alleged illegal approval of a mining lease to Sri Sai Venkateshwara Minerals (SSVM). Kumaraswamy, currently serving as Union Minister for Steel and Heavy Industries, has been accused of bypassing legal procedures in favor of SSVM, prompting Chandrasekhar to seek the Karnataka Governor's approval to pursue legal action.

In response, Chandrasekhar claims that Kumaraswamy lashed out publicly. On September 28 and 29, the former Karnataka Chief Minister held press conferences, accusing the officer of bribery, misuse of medical records, and personal misconduct. According to the ADGP, Kumaraswamy also issued a threat of transferring him to another cadre outside Karnataka.

Nikhil and Aide Suresh Babu Involved
Kumaraswamy’s son Nikhil Kumaraswamy is also implicated in the controversy. On September 29, Nikhil allegedly echoed his father’s accusations against Chandrasekhar. The third individual named in the FIR, Suresh Babu, a close aide to Kumaraswamy, is accused of escalating the issue by writing a letter to the Karnataka Chief Secretary. This letter, containing further allegations, was made public on social media, adding to the pressure on the senior officer.

Legal Action and Charges
Though Chandrasekhar's complaint was filed in October, formal legal proceedings began on November 4 after securing approval from the 42nd Additional Chief Metropolitan Magistrate (ACMM). The charges include Section 224 (threat of injury to a public servant) of the Bharatiya Nyaya Sanhita (BNS). A police source familiar with the case confirmed the charges.

ADGP Chandrasekhar's Response
In a strong rebuttal, ADGP Chandrasekhar addressed his team and the media, branding Kumaraswamy as an accused person trying to intimidate the SIT. He emphasized that these attacks were intended to undermine his officers' morale and interfere with the investigation.

“An accused, no matter how powerful, remains an accused. This attempt to instill fear in the minds of officers is meant to hinder justice," Chandrasekhar said in a written statement. Referring to Kumaraswamy, he added, "This accused, who is currently out on bail, has resorted to such tactics to shake our resolve."

Quoting Shaw to Drive the Point Home
In a dramatic conclusion, Chandrasekhar cited playwright George Bernard Shaw, saying, “Never wrestle with pigs. You both get dirty, and the pig likes it,” signaling his intent to remain unshaken in the face of public accusations and personal threats.

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News Network
October 28,2024

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Bengaluru: A burned, unidentifiable body discovered in a Kodagu coffee plantation has led Karnataka police to unravel a shocking murder plot involving 54-year-old businessman Ramesh’s wife, Niharika (29), her lover Nikhil, and accomplice Ankur. The trio allegedly orchestrated Ramesh’s murder for financial gain, journeying across state lines to dispose of his body in an attempt to conceal their crime. All three suspects are now in custody.

Suspicious Discovery in Kodagu Estate

On October 8, a charred body was found in a coffee plantation near Suntikoppa, Kodagu. With no immediate means of identification, police reviewed local CCTV footage. A red Mercedes Benz passing through the area raised suspicions. Registered under Ramesh’s name, this vehicle led the police to contact Telangana authorities, linking the case to Ramesh, who had recently been reported missing by his wife, Niharika.

An Intricate Plot for Wealth

As investigations deepened, police began to suspect Niharika’s involvement. Under questioning, she revealed her role in the plot and implicated her accomplices, Nikhil—a veterinary doctor—and Ankur. The probe uncovered Niharika’s troubled past, including a stint in prison, where she met Ankur. After marrying Ramesh, her desire for luxury grew, and she allegedly demanded ₹8 crore, which Ramesh refused, leading her to conspire with Nikhil and Ankur.

Murder and Cover-Up

On October 1 in Uppal, Hyderabad, the accused allegedly strangled Ramesh. They then drove over 800 km to Kodagu, disposing of the body in a coffee estate by setting it ablaze. Niharika later filed a missing person report for Ramesh to cover her tracks.

Painstaking Investigation

Kodagu Police Chief Ramarajan highlighted the challenges faced: “The body was nearly unrecognizable. Our team traced suspicious vehicle activity across CCTV cameras from Kodagu to Tumkur, eventually linking the vehicle to Ramesh from Telangana.” Through detailed examination, police collected enough evidence to arrest Niharika, Nikhil, and Ankur, confirming the horrifying plot that led to Ramesh’s murder.

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News Network
October 28,2024

Mangaluru: In a chilling incident that has raised suspicions of foul play, a 35-year-old man was discovered dead inside a train coach traveling from Bengaluru to Murudeshwar. 

The deceased, identified as Mouzzan from Kumbarpete, Doddaballapur, worked as a sales representative and was differently-abled. He boarded the train on October 24 from Yesvantpur and occupied the Divyang Coach.

The incident came to light on the morning of October 25 at Udupi, where a railway guard found Mouzzan unresponsive. The railway police immediately rushed him to the hospital, but doctors declared him dead. 

With no identification documents on him, the police utilized a label, “RS Tailor Chickpete,” found on his shirt collar to trace his family through WhatsApp, helping his relatives reach Mulki by Saturday.

Upon inspection, police noticed ligature marks around Mouzzan’s neck, hinting at possible foul play. His family reported that his bag and mobile phone were missing, raising further suspicion. 

The last known location of his phone was traced to Sakleshpur, suggesting he may have been targeted during the journey. Investigators suspect robbery as a motive and are now actively pursuing leads, with searches underway in Mysuru and Bengaluru.

A case has been filed at Mulki police station, and efforts to uncover the truth behind this tragic incident are intensifying as police work to piece together the circumstances that led to Mouzzan’s untimely death.

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