In a setback to External Affairs Minister S M Krishna, Karnataka High Court on Friday refused to quash the Lokayukta police probe against him on charges that he de-reserved forest areas in ecologically fragile zones during his tenure as chief minister during 1999 and 2003.
However, in a partial relief to Mr. Krishna, the court quashed charges of mismanagement of state-owned Mysore Minerals Ltd (MML), the nodal agency of the State for supply of iron ore to various firms, thereby causing loss to the firm.
The order was pronounced by Justice N Ananda on a petition filed by Mr. Krishna praying for quashing of proceedings initiated by a Lokayukta Special Court in December 2011 on a private complaint against him.
The court allowed the Lokayukta police to continue probe into the charges relating to de-reservation of forest area rich in mineral wealth.
“Petition is accepted in part. Impugned order of reference (by the Lokayukta court) is modified. The complaint initiated in the private complaint and the reference under section 156 (3) CrPC for investigation of allegations made against the petitioner in relation to illegal acts committed in the management of Mysore Minerals Limited, are quashed,” the Judge said.
“The reference under section 156(3) CrPC for investigation of offences allegedly committed by Mr. Krishna in the matter of de-reservation of forest, pursuant to the cabinet decision dated December 16, 2002, is confirmed”, Justice Ananda said.
Reacting to the court verdict, Mr. Krishna told reporters “I think my lawyers will look into the details of the judgement and they will take appropriate action”.
Asked whether it was a setback to him, he said “unless I see the full text of the judgement, I think, I would not be in a position to comment about that”.
He sought to side step a query on how he would react if there was opposition demand for his resignation, saying “we will cross it when such a demand is made”.
Admitting the petition by Mr. Krishna challenging the Lokayukta court order, the High Court had on December 15 stayed the FIR against him.
“Averments of complaint made against the petitioner in the matter of de-reservation of forests, accepted on their face value, would constitute offences against the petitioner and warrant investigation under section 156(3) CrPC,” Justice Ananda observed.
On the charges relating to alleged mismanagement of MML, he said “I hold the allegations made against the Petitioner relating to alleged illegal activities committed in the management of MML do not constitute any cognisable offences and they do not call for investigation.”
Social activist T J Abraham had filed the private complaint before the Lokayukta court, which ordered the probe following which the Lokayukta police on December 8 registered an FIR against Mr. Krishna and two other former Chief Ministers N Dharam Singh and H D Kumaraswamy.
