Interrogate Kumaraswamy but don’t arrest him: HC

But, SIT wants custodial interrogation

June 20, 2017 11:13 pm | Updated 11:14 pm IST - Bengaluru

The High Court of Karnataka on Tuesday allowed the Special Investigation Team (SIT) to interrogate former Chief Minister H.D. Kumaraswamy, while continuing its earlier interim order of restraining the SIT from arresting him in the case of alleged corruption in granting permission for mining activities during his tenure as Chief Minister.

Justice Rathnakala passed the interim order after the Special Public Prosecutor for the SIT sought a day’s time to submit certain information recorded by the investigation officer in his case diary in support of SIT’s claim that it requires to subject Mr. Kumaraswamy to custodial interrogation.

While adjourning further hearing on Mr. Kumaraswamy’s plea for anticipatory bail till June 28, the court asked SIT not to arrest him till then.

Meanwhile, Hashmath Pasha, counsel for Mr. Kumaraswamy, made it clear to the court that the former Chief Minister has no objection to undergo interrogation, as he had appeared before the SIT several times.

Multiple FIRs

Earlier, Mr. Pasha claimed that the present First Information Report (bearing Crime No-10/2015) filed by the SIT amounts to filling of multiple FIRs against the same set of allegations as Mr. Kumaraswamy is already facing trial before the special court for Lokayukta cases as per the Supreme Court’s order based on a private complaint on alleged corruption related to Janatakal Enterprises, a mining firm.

Mr. Pasha also pointed out that Crime-10/2015 was registered by the SIT after transfer of the case from jurisdictional police in Chitradruga, who had registered the case against one Vinod Goel of Janatakal Enterprises in 2009 for allegedly producing fake certificates related to environment clearance by the Union government.

The case in 2009 was registered based on a complaint by the State forest authorities in connection a mining lease related to Janatakal Enterprises. And, Mr. Kumaraswamy was in no way connected with it nor was his name was found in the original FIR, Mr. Pasha argued.

Regarding another accused, IAS officer Gangaram Baderiya’s noting in the official record that Mr. Kumaraswamy, as Chief Minister, had “pressured” him to grant permits in favour of Janatakal Enterprises, Mr. Pasha said the files were not handled by Mr. Kumaraswamy.

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