The High Court of Karnataka on Friday ordered issue of notice to the Anti-Corruption Bureau (ACB), the State government, and the Lokayukta on a petition filed by BJP leader and former Deputy Chief Minister R. Ashok, who has questioned legality of registration a first information report (FIR) against him by the ACB on the alleged irregularities in regularisation of unauthorised occupation of government land during 1998–2007.
Justice Budihal R.B. passed the order after preliminary hearing of the petitions filed by Mr. Ashok and another accused, B. Karthik, who was a beneficiary of regularisation of 4 acres of land at Agara village during 2005. The court adjourned further hearing till January 23 to consider interim plea to stay the criminal proceedings.
Appearing for Mr. Ashok, Senior Counsel B.V. Acharya contended that the case was registered with an “oblique motive” and for “political reasons” as elections to the State Assembly are scheduled to be held within a few months.
Pointing out that Mr. Ashok had discharged his duty as the chairman of the Committee on Regularisation of Unauthorised Occupation of Government Lands for Bangalore South taluk in his capacity of an MLA of then Uttarahalli constituency, Mr. Acharya contended that recommendations made for regularisation of land were not personal decisions of Mr. Ashok but they were made by the committee, which also consisted of three members representing the then ruling Congress. However, three members of the Congress were not arraigned as accused in the complaint.
Contending that there is a delay of over a decade in lodging the complaint, it was also argued on behalf of Mr. Ashok that a similar complaint was filed by a Congress member before the Karnataka Lokayukta on May 27, 2013 and it is still pending. It was also pointed out to the court that a member of the Karnataka Pradesh Youth Congress Committee had lodged a complaint on the same issue before the ACB on November 9, 2011 and the said complaint was also singled by the present complainant, A. Anand, and the ACB had not acted on that complaint.
Meanwhile, Senior Counsel C.V. Nagesh, who argued on behalf of Mr. Karthik, pointed out that the regularisation of land was questioned before the High Court, which had upheld the regularisation and hence there was no cause to register FIR against Mr. Karthik.
