BENGALURU: The state government on Wednesday gave an undertaking before the Karnataka High Court that it will not precipitate the matter or take any coercive action against Union Minister for Steel and Heavy Industries HD Kumaraswamy, his son Nikhil Kumaraswamy and MLA Suresh Babu, on the complaint filed by ADGP M Chandrashekhar attached to the Lokayukta.
Justice M Nagaprasanna recorded the undertaking given by Additional State Public Prosecutor BN Jagadeesha, while hearing a petition filed by Kumaraswamy and two others, questioning the legality of the case against them. The judge restrained the prosecution from taking further action on the application filed before the special court for trying cases against sitting and former MPs/MLAs seeking cancellation of anticipatory bail granted to Kumaraswamy in an illegal mining case.
Senior counsel Hasmath Pasha, representing the petitioners, submitted that on the basis of the case registered by the Sanjay Nagar police in Bengaluru, the prosecution had moved an application for cancellation of anticipatory bail granted to Kumaraswamy 10 years ago in a complaint on the alleged illegality in granting mining lease in favour of Sai venkateshwara Minerals when he was the chief minister.
The court made it clear that the prosecution should not move the application for cancellation of anticipatory bail. If the application is already filed, the prosecution is restrained from taking any further action on it, the court ordered.
Pasha submitted that petitioner Kumaraswamy only addressed the media conference, but he was targeted because he is in the opposition and an FIR was registered on November 4 following the order passed by a magistrate on Chandrashekhar’s complaint.
The court said, “The petitioners are reserved liberty to move the matter in the event any precipitative action is taken by the state against the petitioners, contrary to what is observed hereinabove”. The hearing was adjourned to December 5. Pasha contended that the complaint was filed on October 11 against the petitioners and the state government moved the application for cancellation of anticipatory bail on October 21. The FIR was registered hurriedly on November 5 on the charges of threatening a public servant after the order passed by the magistrate.
