BENGALURU: The Karnataka High Court has remitted a case registered against Higher Education Minister Dr CN Ashwath Narayan and three other MLAs, over ‘Operation Kamala’, back to a special court. The three other MLAs are K Srinivas Gowda, SR Vishwanath and CP Yogeeshwara. Social activist TJ Abraham had filed a private complaint alleging that ‘Operation Kamala’ was executed to lure MLAs of other parties by bribing them.
“The special judge is to follow the procedure under Section 19(1)(c)(ii) of the Prevention of Corruption Act and call upon the complainant to obtain sanction for prosecution. And, after necessary sanction is obtained as per law, the court is required to further proceed in the matter.
Needless to state that the procedures prescribed under the subsequent proviso are also to be taken note of by the authority granting sanction”, said Justice S Sunil Dutt Yadav, while disposing of the petitions filed by the minister and the MLAs. Setting aside the operative part of the March 29, 2021 order of the special court, the high court clarified that it has not adjudicated as regards the other findings of the special court, except the aspect of sanction. The special judge has to direct the complainant to obtain sanction for prosecution against the public servant for further proceedings, the HC added.
The minister and MLAs had questioned the validity of the March 29 order to take cognisance under the provisions of the Prevention of Corruption Act and IPC. They had also sought for setting aside the order to register criminal cases against them and quashing of all further proceedings.
The proceedings were initiated based on a private complaint by TJ Abraham, president of the Karnataka Anti-Graft and Environmental Forum with regard to the allegations made by the MLA Srinivasa Gowda at a press conference at Kolar in February 2019.