Shock To Karnataka C.M: HC Orders Thorough Investigation In ‘Operation Kamala” Case

Overview

• Giving a huge blow to the CM of Karnataka, BS Yediyurappa, Karnataka High Court on 31st march, 2021 has vacated the stay granted and passed an order for a thorough investigation to be done on the FIR in ‘Operation Kamala’ case.

How the present case came into existence?

• The FIR which was filed, it was alleged that on 7 feb, 2019, the respondent no.2 also the complainant received an unknown phone around 10:40 p.m, the caller identified himself as Shivanagouda Naik, MLA, Devdurga constituency ( also the accused no.2)
• It was alleged that naik asked the respondent to come over to the Circuit house devdurga immediately but the respondent refused as it was late night, after that the accused no.3 called him again and handed over the phone to accused no.2 that is Yediyurappa.
• He aksed the respondent to come immediately to discuss some urgent matter after that the respondent reached there at midnight.
• When the respondent reached there, it is further stated that he was taken to o room where accused no.1, 3 and 4 were present and he was told that if he helped accused no.1 and made his father resign, the accused no.1 will make the complainant win the asse,mbly election from the Gurmitkal constituency and bare all the expenses and will also make him in-charge minister of the Yadgir district.
• It is also alleged that the responded was told that if he persuade his father to resign as a MLA, then in BY-Election he will be given a seat from BJP and will win the election and will also be given a bribe of rupees ten crore.
• Further, it was alos alleged the the complainant was also told to stay in the resort in Mumbai where other MLA’s were also residing for the time being and when his father tenders his resignation as the MLA, the amount will be sent to his home.
• All of this conversation was recorded by the complainant and hence an FIR was registered against Yediyurappa and other accused.
• Yeduyurappa and others approached the court to quash the complaint filed on 13 feb, 2019 and the FIR which was registered for the offenses punishable under Sec. 8 and 12of Prevention of Corruption (amnd.) act, 2018 and under Sec. 120B and 506 read with Sec.34 of I.P.C and to quash all the further proceeding thereto.

Decision of the court

• Earlier, on 22 Feb, 2019, an interim order was passed by the High Court whereby the further investigation pursuant to the FIR was put on stay until the disposition of the writ petitions and the petitions were admitted and the notices were issued to respondent no.2.
• As the interim order was passed ex-parte, the complainant filed application seeking recall of the order.
• The Locus Standi of the complainant was questioned for which the court relied upon the observations made by the SC in the case of Subramanian Swamy V. Manmohan Singh and others 2012 and held that the argument of the petitioner’s counsel is only an act of desperation and is nothing but an attempt to hold on the interim order, so as to delay the impending probe.
• The court in regards to the contention on vacating the stay said, though the petitioners have invoked Art. 226 and 227 of the Constitution of India, yet the relief asked in the petition are in essence lie within the ambit of Sec 482C.R.P.C.
• The court also held that, even if we go according to the case pleaded in the writ petitions and have regard to the allegations and counter allegations made therein, in the courts view, no option is left with the court other than permitting the investigating agency to continue the probe and unearth the true facts behind the secret meeting held.

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