The Karnataka High Court has ruled that it is for the legislative assembly speaker to reconsider the application seeking a sanction for the prosecution of five political figures, including Union Minister HD Kumaraswamy, in an alleged 2019 'Operation Kamala' case.
Court's Rationale
Justice S Sunil Dutt Yadav cited a Supreme Court judgment in a case involving former Prime Minister late PV Narasimha Rao, which established that it is necessary to obtain the sanction of the Lok Sabha Speaker or Rajya Sabha Chairman for filing a chargesheet against a Member of Parliament. The judge said the same logic holds good in the legislative assembly too.
Background of the Case
The case before the High Court arose from a complaint filed by social activist TJ Abraham before the Anti-Corruption Bureau in 2020. He claimed that it had been reliably learnt that then Kolar MLA K Srinivas Gowda brought it to the notice of the then Chief Minister Kumaraswamy that he (Gowda) had received Rs 5 crore from BJP representatives – SR Vishwanath, Ashwath Narayan CN, and CP Yogeshwar – for defecting to the party.
According to the activist, Gowda informed Kumaraswamy that the money was spent, but he had to return the amount. To retain Gowda back in the JD(S) fold, the then CM arranged for Rs 5 crore to be returned by Gowda, the activist alleged.
Legal Proceedings
Abraham then registered a private complaint before a special court, seeking action against the accused under the provisions of the Prevention of Corruption Act and also under the Indian Penal Code. The accused challenged the proceedings, and the High Court set aside the order of taking cognizance due to want of sanction. The special court was also directed to obtain a sanction for the prosecution.
In March 2022, Abraham sought sanction to proceed against the five politicians.
Conclusion
The High Court's ruling now requires the legislative assembly speaker to reconsider the application for sanction, determining the next steps in this high-profile case.
