The Hindu : Karnataka / Bangalore News : Proceedings against Chief Minister, Forests Minister stayed

Online edition of India's National Newspaper
Wednesday, Sep 06, 2006

Karnataka

Karnataka - Bangalore

Proceedings against Chief Minister, Forests Minister stayed

Staff Reporter

Kumaraswamy, Chennigappa challenge the August 21 order of a Bellary court

BANGALORE: The Karnataka High Court on Tuesday stayed all further proceedings by a Bellary court against Chief Minister H.D. Kumaraswamy and Forests and Environment Minister C. Chennigappa.

Both Mr. Kumaraswamy and Mr. Chennigappa had in their petitions challenged the August 21, 2006, order of the 1st Additional Civil Judge (Junior Division) and Judicial Magistrate First Class (JMFC), Bellary, issuing summons to them and registering a criminal case.

The petitioners said the Bellary court had initiated proceedings on a private complaint by C. Janardhan Reddy, suspended Bharatiya Janata Party (BJP) MLC. In his complaint, Mr. Reddy had alleged that the Chief Minister and the Forest Minister were guilty of defamation under the provisions of the Indian Penal Code (IPC).

They said Mr. Reddy had levelled allegations against them after the Chief Minister had refused to comply with his "illegal and improper demands".

Mr. Kumaraswamy contended that Mr. Reddy had levelled baseless allegations of bribery against him and his family members. In June 2006, Mr. Reddy, he said, had in public made false allegations of bribery in connection with mines in Bellary district.

Mr. Reddy, he said, had lodged a private complaint before the Bellary court, saying that defamatory statements were made against him in the media.

Both the petitioners said the Bellary judge had no jurisdiction to issue process and that the court had no jurisdiction to entertain Mr. Reddy's complaint. Moreover, sanction under Section 197 of the Criminal Procedure Code had not been obtained to initiate proceedings against Mr. Kumaraswamy and Mr. Chennigappa as both were public servants.

They said the magistrate had issued process without any legal evidence. Press statements and compact discs could not have been relied upon, they said. Though a complaint was filed, no editor of a newspaper had been made a party to the proceedings to attract the Sections 499 and 500 of the IPC. In his order, Justice Huluvadi G. Ramesh stayed all further proceedings in the Bellary court against both Mr. Kumaraswamy and Mr. Chennigappa. He said in view of the submissions made by the petitioners, the questions of sanction and jurisdiction had to be examined.

He adjourned further hearing of the cases.

Earlier, the High Court had stayed all further proceedings in the Bellary court against Home Minister M.P. Prakash. With today's order, all the three, Mr. Kumaraswamy, Mr. Prakash and Mr. Chennigappa, against whom Mr. Reddy had filed private complaints, have obtained further stay against the petition filed in the Bellary court.

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