Supreme Court refuses to quash criminal proceedings against Union Minister HD Kumaraswamy

New Delhi: The Supreme Court refused to quash criminal proceedings against Union Minister for Heavy Industries and Steel, HD Kumaraswamy, in a land de-notification case dating back to his tenure as Chief Minister of Karnataka.

A bench comprising Justices Dipankar Datta and Rajesh Bindal on Tuesday dismissed Kumaraswamy’s plea seeking immunity under the 2018 amendment to the Prevention of Corruption Act, ruling that the amendment could not be applied retrospectively.

The decision paves the way for the trial to proceed in connection with the de-notification of 2 acres and 24 guntas of land in Banashankari, which had been acquired by the Bangalore Development Authority (BDA) in 1997. The land was later sold to private parties for ?4.14 crore in 2010, despite objections from the BDA.

The case originated from a private complaint that led to an investigation by the Lokayukta Police under various provisions of the Indian Penal Code, the Prevention of Corruption Act, and the Karnataka Land (Restriction of Transfer) Act. The Union Minister had earlier challenged the First Information Report (FIR) in the Karnataka High Court, but his plea was dismissed in 2015. A subsequent appeal to the Supreme Court in 2016 also failed to halt the investigation.

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 him for trial, citing sufficient grounds for prosecution. The Karnataka High Court later upheld the summoning order, affirming the seriousness of the allegations.

Senior Advocate Mukul Rohatgi, appearing for the former Chief Minister, contended before the Supreme Court that trial proceedings could not continue without prior sanction from the government, citing Section 19 of the Prevention of Corruption Act as amended in 2018. However, Senior Advocate Harin Rawal and Additional Advocate General Aman Panwar, representing the Karnataka government, argued that sanction was unnecessary since Kumaraswamy no longer held public office and that the amendment could not be applied to past offences.

The Supreme Court agreed with the State’s arguments and dismissed the Union Minister's plea, allowing the trial to move forward. As the legal battle intensifies, the case is expected to have significant political ramifications in Karnataka.