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Karnataka
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Bangalore
Staff Reporter
BANGALORE: The Karnataka High Court on Wednesday sought to know from BJP MLC G. Janardhan Reddy why he had not approached the jurisdictional police or moved the magistrate or the Lokayukta to file complaints against Chief Minister H.D. Kumaraswamy, Home Minister M.P. Prakash and Minister for Forests C. Chennigappa and their relatives for offences punishable under the Prevention of Corruption Act and the provisions of the Indian Penal Code (IPC). The court was hearing a petition by Mr. Reddy seeking a CBI probe against Mr. Kumaraswamy and others. Mr. Reddy's counsel C.V. Nagesh submitted to the court that his client could not have approached the police as they were subordinate to the Chief Minister and the two Ministers. Mr. Reddy also could not go before the jurisdictional magistrate as he could not order an investigation into the allegations made. When asked why he had not approached the Lokayukta, the petitioner contended that the Lokayukta had no power to investigate cases. Moreover, the Chief Minister enjoyed a certain degree of immunity and that was why they had approached the High Court. Justice H.G. Ramesh, who is hearing the petition, sought to know whether the court could entertain a petition when the complainant had not exhausted the remedy of moving the jurisdictional authorities for redressal of grievances.
Judgments
Citing several Supreme Court judgments, the petitioner said High Courts had the power and jurisdiction to entertain such petitions. In this case, the allegations were against the Chief Minister and no purpose could be served by seeking a probe by a State agency or organisation.
Records called for
Taking a dim view of the failure of the State Government in providing records and documents pertaining to mining lease in Kumaraswamy range in Sandur taluk of Bellary district, the Karnataka High Court on Tuesday "specifically directed" to make available to it all the records, including applications by 111 persons for grant of mining lease in the area. The court noted with displeasure the "lukewarm and unenthusiastic response on the part of the State" and said it was not a situation which could be approval of by the court. The court recalled that it had directed both the Central and State governments to place before it records on grant of mining leases in Eddinpada coming under the Kumaraswamy range in Bellary district. Justice D.V. Shylendra Kumar was passing orders on a petition by MSPL of Hospet which had challenged the grant of mining lease on lands it had sought to two other companies Jindal Vijayanagar Steel and Kalyani Steels. Mr. Justice Shylendra Kumar had asked the State to produce records on mining leases not only of Bellary district but also in Mysore, Mandya, Bengalore, Kolar and Chitradurga districts. He adjourned further hearing on the matter until September 26.
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