MUDA case: Special court orders Lokayukta probe against Siddaramaiah

A special court on Wednesday, 25 September ordered a Lokayukta police probe against Karnataka chief minister Siddaramaiah in the Mysuru Urban Development Authority (MUDA) site allotment case, setting the stage for filing of an FIR against him.

Reacting to the special court order, Siddaramaiah reiterated that he was ready to face an investigation.

The order of special court judge Santhosh Gajanan Bhat, came a day after the high court upheld the sanction granted by governor Thaawarchand Gehlot to conduct an investigation against Siddaramaiah on the allegations of illegalities in the allotment of 14 sites to his wife B.M. Parvathi by MUDA.

The special court exclusively to deal with criminal cases related to former and elected MPs/MLAs issued the order directing the Lokayukta police in Mysuru to initiate an investigation on the complaint filed by RTI activist Snehamayi Krishna.

The court issued directions to take up the probe under section 156 (3) of the Code of Criminal Procedure (CrPC) (that gives a magistrate the power to order an investigation into a cognisable offense.) and file the investigation report by 24 December.

"Acting under Sec.156(3) of Code of Criminal Procedure, the jurisdictional police i.e., Superintendent of Police, Karnataka Lokayukta, Mysuru is hereby directed to register the case, investigate and to file a report as contemplated under Sec.173 of Cr.P.C., within a period 3 months from today..." the court said.

It has listed offences punishable under Sec.120B (Punishment of criminal conspiracy), 166 (Public servant disobeying law, with intent to cause injury to any person), 403 (Dishonest misappropriation of property), 406 ( Punishment for criminal breach of trust), 420 ( Cheating and dishonestly inducing delivery of property), 426 ( Punishment for mischief), 465 (Punishment for forgery) , 468 (Forgery for purpose of cheating), 340 (Wrongful confinement), 351 (Assault) and other relevant sections of the Indian Penal Code.

The court has also listed offences punishable under sections 9 and 13 the Prevention Of Corruption Act, 1988 and under Sec.3, 53 and 54 of the Prohibition Of Benami Property Transactions Act, 1988 and 3, 4 of Karnataka Land Grabbing Prohibition Act, 2011.

Siddaramaiah's wife Parvathi, brother-in-law Mallikarjuna Swamy, Devaraju (from whom Mallikarjuna Swamy purchased land and gifted it to Parvathi) are the other respondents in the case.

The HC had also vacated its 19 August interim order directing the Special Court to defer the decision on complaints against the Chief Minister, giving the green signal for ordering a probe.

It had dismissed Siddaramaiah's petition challenging the legality of the Governor's 16 August order granting approval for investigation under Section 17A of the Prevention of Corruption (PC) Act, 1988.

The CM said he was ready to face the probe. "Already I have said that I am ready to face an investigation. I am not afraid of a probe," Siddaramaiah told reporters in Bengaluru. "I am ready for a legal fight. I had said this yesterday and I am reiterating it today as well."

Meanwhile, the BJP once again demanded Siddaramaiah's resignation to resign and cooperate with the probe. The opposition BJP and JD(S) also tried to lay siege to the CM's residence.

Holding posters, placards and raising slogans, members of BJP Yuva Morcha marched towards "Cauvery" but the police thwarted their attempt, took them into preventive custody and whisked them away in a bus.

Complainant Snehamayi Krishna hailed the special court's order and said, after filing of the FIR, he would appeal to the high court to hand over the case to CBI.

In the MUDA site allotment case, it is alleged that compensatory sites were allotted to Siddaramaiah's wife in an upmarket area in Mysuru, which had higher property value as compared to the location of her land which had been "acquired" by MUDA, which had allotted plots to Parvathi under a 50:50 ratio scheme in lieu of 3.16 acres of her land, where it developed a residential layout.

Under the controversial scheme, MUDA allotted 50 per cent of developed land to the land losers in lieu of undeveloped land acquired from them for forming residential layouts. It is alleged that Parvathi had no legal title over this 3.16 acres of land at survey number 464 of Kasare village, Kasaba hobli of Mysuru taluk.