HC prevents police from taking action against HDK, son in mining case | Latest news India

The Karnataka High Court has issued an interim injunction restraining police from taking action against minister HD Kumaraswamy and his son, Nikhil Kumaraswamy, in connection with an FIR lodged against them for alleged criminal intimidation.

The court’s directive, issued on Wednesday, also restrained the prosecution from withdrawing Kumaraswamy’s bail granted in a 2014 mining case, leaving the former chief minister and his son, a Janata Dal (Secular). candidate for the Channapatna Assembly by-election, were effectively protected. .

The HC order followed the state government’s assurance that no coercive action would be taken against Kumaraswamy or others named in the FIR registered on November 4. are not allowed to file an application for cancellation of anticipatory bail and if the application has already been filed, they are not allowed to take any further action on the basis of the application,” Justice M. Nagaprasanna said.

The FIR was filed on a complaint by Additional Director General of Police (ADGP) M. Chandra Shekar, head of the Special Investigation Team (SIT) under the Karnataka Lokayukta, accusing the minister and his associates of ‘threatening’ behavior aimed at influencing an investigation. The FIR was officially registered after the approval of a special magistrate court, allowing the police to proceed under non-cognizable offense provisions.

Requesting anonymity, a senior police officer said on Monday: “We will initiate an inquiry into the officer’s allegations. The investigating officer will issue a notice to the suspect to record his statements.”

Justice M. Nagaprasanna, who presided over the matter, instructed that should the state take any further action contrary to this order, the petitioners have the right to raise the issue. The court postponed further hearings until December 5. Representing Kumaraswamy and the other petitioners, senior advocate Hashmath Pasha argued that the FIR was “politically motivated”. He emphasized that ADGP Chandrashekar’s complaint stemmed from allegations made by Kumaraswamy, who had alleged misconduct and corruption on Chandrashekar’s part. Kumaraswamy alleged that the officer was engaged in illegal activities, including fabricating medical documents to secure a deputation from Himachal Pradesh to Karnataka. He further accused the officer of attempting to conduct a search at Raj Bhavan in Karnataka under the guise of investigating an information leak related to his prosecution in the mining case.

He further alleged that in response to Kumaraswamy’s allegations, Chandrashekar had sent a note to the SIT staff stating that Kumaraswamy was trying to “threaten” the investigation team with baseless allegations.

On October 11, Chandrashekar filed a complaint with the police, initially registered as a non-cognizable offence. However, after permission from the magistrate on October 30, an FIR was formally registered on November 4, invoking Section 224 of the Bharatiya Nyaya Sanhita, 2023, which deals with threats intended to coerce public servants.

In response, Kumaraswamy’s legal team said the allegations were orchestrated to tarnish his reputation and undermine his son’s election bid. Reacting sharply to Monday’s allegations, Kumaraswamy said: “I have spoken before the media and expressed my concerns on a few issues. When did I threaten him? He has filed a complaint, let him be, we will face it in court,” he told reporters on Tuesday.

“Neither of us have to be afraid of each other. Let the matter go to court, I don’t have to go anywhere,” he added. “They have been investigating the case for the past twelve years. Whenever they summoned me, I appeared before them. I never said that I will not undergo the examination. It is all done politically by the state government and him (Sekhar). We have the court and we will face it. I trust the judiciary; our lawyers will respond to the complaint.”