Justice Sunil Dutt Yadav passed the order while disposing of petitions filed by Higher Education Minister C.N. Ashwath Narayan, BJP MLA for Yelahanka S.R. Vishwanath, MLC C.P. Yogeshwar, and MLA for Kolar K. Srinivasa Gowda of the JD(S).
The petitioners had questioned the orders passed by the special court, set up to exclusively deal with criminal cases related to MPs/MLAs in Karnataka, taking cognisance of offences against them on the private complaint lodged by social activist Abraham T.J. The former Chief Minister H.D. Kumaraswamy is also arraigned as an accused in the case.
It was alleged in the complaint that Mr. Gowda had accepted ₹5 crore as an advance payment from Dr. Narayan and Mr. Vishwanath, who were assisted by Mr. Yogeshwar, of the total offer of ₹30 crore as “bribe” to quit the JD(S) and join the BJP.
Pointing out that Mr. Gowda, in February 2019, himself had disclosed in a press conference about the alleged offer of ₹30 crore and advance payment of ₹5 crore by the three BJP leaders, the complainant had said that Mr. Kumaraswamy had tried to convince Mr. Gowda to stay back in the JD(S).
Also, the complainant had claimed that Mr. Gowda had expressed his helplessness to Mr. Kumaraswamy (who was then the Chief Minister) by telling that he [Mr. Gowda] had to return ₹5 ctore to BJP leaders if he failed to join the party.
As Mr. Gowda told Mr. Kumaraswamy that he had already spent ₹5 crore given by BJP leaders, it was claimed in the complaint, Mr. Kumaraswamy had offered to arrange ₹5 crore from his own resources to enable Mr. Gowda to return ₹5 crore to the BJP leaders.
The complainant had alleged that acts of five political leaders amount to corruption under the provisions of the Prevention of Corruption Act.
The special court in March 2021 issued summons to the petitioners and Mr. Kumaraswamy while holding that there is a “deemed sanction” to proceed against them as the Governor of Karnataka had not responded to Mr. Abraham’s request for grant of sanction within three months from submission of request.
Observing that the sanction undoubtedly had to be taken, the High Court set aside the cognisance taken against the petitioners by the special court and directed the special court to call upon the complainant to obtain sanction for proceeding against the petitioners.
The High Court has also extended the benefit of this order to Mr. Kumaraswamy though he has not filed a petition as the issue related to legal position.
