HC bars cops from taking action against HDK, son in mines case | Latest news from India

The Karnataka High Court has issued an interim order restraining the police from taking any action against Union Minister H. D. Kumaraswamy and his son Nikhil Kumaraswamy in connection with an FIR filed against them for alleged criminal intimidation.

The court’s directive issued on Wednesday also prevented the prosecution from seeking cancellation of Kumaraswamy’s anticipatory bail granted in the 2014 mining case, effectively protecting the former chief minister and his son, the Janata Dal (Secular) candidate in the Channapatna assembly by-election.

The HC order came after the state government assured that no coercive action would be taken against Kumaraswamy or others named in the FIR registered on November 4. do not submit an application for cancellation of preliminary bail, and if the application has already been submitted, they are prohibited from taking any further actions regarding the application,” said judge M. Nagaprasanna

The FIR was filed based on a complaint from Additional Director General of Police (ADGP) M. Chandra Shekar, head of the Special Investigation Team (SIT) under the Karnataka Lokayukta, accusing the minister and his associates of “threatening” behavior aimed at influencing the investigation. The FIR was formally registered after obtaining permission from a special magistrate’s court, allowing the police to act under the non-cognizable offenses provisions.

Speaking on condition of anonymity, a senior police officer said on Monday: “We will be investigating the allegations made by the officer. The accused will be given notices to the investigators to record their testimony.”

Judge M. Nagaprasanna, presiding over the case, ordered that if the state attempts any further action contrary to the order, the plaintiffs have the right to raise the issue. The court adjourned further hearings to December 5. Representing Kumaraswamy and other petitioners, senior advocate Hashmat Pasha argued that the FIR was “politically motivated”. He emphasized that the complaint by ADGP Chandrashekar was based on allegations leveled by Kumaraswamy, who alleged misconduct and corruption on the part of Chandrashekar. Kumaraswamy alleged that the officer was involved in illegal activities, including fabricating medical documents to ensure shipment from Himachal Pradesh to Karnataka. He further accused the officer of trying to raid the Raj Bhavan in Karnataka under the guise of investigating a leak related to his prosecution in the mines case.

He further alleged that in response to Kumaraswamy’s allegations, Chandrashekar issued a memo to SIT officials stating that Kumaraswamy had tried to “threaten” the investigation team with baseless allegations.

On October 11, Chandrashekar lodged a complaint with the police, initially registered as a non-chargeable offence. However, after being cleared by a magistrate court on October 30, the FIR was formally registered on November 4 citing Section 224 of the Bharatiya Nyaya Sanhita 2023, which deals with threats to coerce public servants.

In response, Kumaraswamy’s legal team said the allegations were orchestrated to tarnish his reputation and undermine his son’s election candidacy. Reacting strongly to the allegations on Monday, Kumaraswamy said, “I have addressed the media and expressed my concern on several issues. When did I threaten him? He filed a complaint, let’s consider it in court,” he told reporters on Tuesday.

“None of us should be afraid of each other. Let the case go to court, I don’t need to go anywhere,” he added. “This case was investigated for 12 years. When they summoned me, I appeared before them. I never said that I would not go under investigation. All this is done politically by the state government and him (Sekhar). We have a court and we will appear before it. I trust the judiciary; our lawyers will respond to the complaint.”