Karnataka HC File Photo
Karnataka

Karnataka HC sets aside probe order, remits Kharge Trust BDA case to special court

Quashing the order insofar as it directs an enquiry, HC said the Special Court shall afford an opportunity to the complainant to cure the defect in the affidavit

Express News Service

BENGALURU: The Karnataka High Court remitted the matter seeking investigation by Lokayukta police into the alleged corruption and misuse of public office in the allotment of alternative sites by Bangalore Development Authority (BDA) to Siddhartha Vihar Trust (SVT), managed by AICC president and Leader of Opposition in Rajya Sabha Mallikarjun Kharge and his family members, back to a special court to proceed with the case by following procedure under Section 175 of BNSS.

Justice M Nagaprasanna passed the order by allowing, in part, the petition filed by Vijayraghava Marathe, state president of Lanchamukta Karnataka Vedike, challenging the order dated August 11, 2026, passed by the Special Court for the trial of criminal cases against sitting and former MPs/MLAs, on a private complaint seeking probe by Lokayukta police to register an FIR against Mallikarjun Kharge, Radhakrishna, Radhabai M Kharge, Rahul M Kharge, Priyank M Kharge and other BDA officials, under the BNS and Prevention of Corruption Act.

Quashing the order insofar as it directs an enquiry, HC said the Special Court shall afford an opportunity to the complainant to cure the defect in the affidavit and proceed with the complaint in accordance with the procedure under Section 175 of BNSS. The absence of an affidavit may halt proceedings until the defect is cured, but cannot bring the proceeding itself to an end, the court added.

According to complaint, SVT was established with five members, and was headed by Mallikarjun Kharge in 1994. A supplementary trust deed was incorporated in 2010, adding Radhabai M Kharge, Rahul M Kharge and Priyank M Kharge as trustees.

It is alleged SVT was allotted a civic amenity site measuring 8,125sqm under SC category in 2009 in Banashankari 6th Stage, without fulfilling the requirements of Rule 3(2) of BDA and claiming for SC, though it is not exclusively established for the benefit of SC/STs, owing to influence used by Mallikarjun Kharge as Union minister.

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