B D Narayankar, Bharati Ranganath and M Siddaraju
Press Trust of India
Bangalore, Aug 30: In a legal setback to former Chief Minister H D Kumaraswamy, Karnataka High Court today refused to stay proceedings initiated against him and his wife in a lower court on a private complaint,alleging corrupt practices.
Admitting a petition by Kumaraswamy, Justice K N Keshavanarayan declined to grant stay, observing a prima facie case has been made out and there is a statutory bar for grant of stay on proceedings of a case filed under Section 19(3)C of the Prevention of Corruption Act.
Kumaraswamy had challenged the proceedings initiated by the Lokayukta court and the Aug 8 summons issued by it directing him to appear before the court today.
In another setback, the Lokayukta court today rejected the anticipatory bail applications of Kumaraswamy and his wife apprehending arrest in the case.
Judge Sudhindra Rao rejected their applications on the grounds they may tamper with evidence if granted bail. However, in a temporary reprieve for Kumaraswamy, the judge granted him and his wife exemption from personal appearance till September 5 on health grounds.
The case relates to alleged irregularities in renewal of mining licence to a firm and allotment of land to a private housing cooperative society, which allotted a site to Kumaraswamy''s wife. Vindo Geol, Managing Director of Jenthakal Mining Company was also exempted from personal appearance on health grounds. The judge directed all three to appear in court on Sept 5.
Advocate Vinod Kumar in his complaint had alleged that Kumaraswamy favoured the firm by ordering renewal of its licence flouting rules and made bulk land allotment to the society and it allotted a residential site to his wife as a favour.
EARLIER REPORT
B D Narayankar
Bangalore, Aug 30: Karnataka High Court on Tuesday refused to grant stay on the proceedings initiated against former chief minister HD Kumaraswamy and his wife by a lower court on a private complaint filed against them.
Justice KN Keshavanarayan rejected the applications filed by Kumaraswamy and his wife Anita praying for staying the proceedings before the Lokayukta Special Court initiated on a private complaint.
The Lokayukta court on August 8 issued summons on Kumaraswamy and his wife asking them to appear before it on Tuesday.
Kumaraswamy had challenged the issue of summons and also the proceedings initiated by the court against him.
Earlier in the day, the lower court dismissed anticipatory bail plea filed by Kumaraswamy and Anita.
In the private complaint filed by advocate Vinod Kumar, it has been alleged that Kumaraswamy illegally recommended renewal of mining licence of Jantakkal mining company and also allotted land to a private housing society when he was the Chief Minister.
The housing society in turn allotted a residential site to Anita, the complaint alleged.
Kumaraswamy and Anita are likely to appear before the Lokayukta court later in the day.
Former chief minister BS Yeddyurappa and some of his family members including his two sons appeared before the Lokayukta court on Monday.
While dismissing the petition, Justice Keshavanarayan observed that the court has no jurisdiction to grant the relief prayed for.
Meanwhile, Kumaraswamy's counsel Hashmath Pasha said the court could not grant stay on proceedings as the case was filed under Section 19(3)(C) of Prevention of Corruption Act.
There is also a Supreme Court decision in this regard, he said.
"There is a statutory bar for grant of stay on proceedings of the court under Sec19(3)(C) of the Prevention of Corruption Act," Pasha told reporters after emerging from the courtroom.
Pasha, however, said though the judge refused to grant stay on proceedings, it has admitted the petition for further consideration. "This is a good sign," he said.
He further said that his clients would file anticipatory bail application in the High Court and were confident of getting bail there.
Links
http://ibnlive.in.com/news/hc-refuses-to-stay-trial-against-kumaraswamy/179951-37-64.html
http://timesofindia.indiatimes.com/india/Karnataka-HC-refuses-to-stay-proceedings-against-Kumaraswamy/articleshow/9795589.cms
http://www.deccanherald.com/content/187325/hc-refuses-stay-proceedings-spl.html
http://www.hindustantimes.com/High-court-rejects-Kumaraswamy-s-bail-plea/Article1-739588.aspx
http://timesofindia.indiatimes.com/india/Karnataka-HC-refuses-to-stay-proceedings-against-Kumaraswamy/articleshow/9795589.cms
No Impact of Ban on mining Twenty First Century. The Twenty First Century company is having its own captive mines, hence the ban of iron ore mining will not effect the company. The Company can sell its iron ore through e auction and also purchase the same through e auction.The company is currently into trading of iron ore that is extracted from the mines and manufacturing of different kinds of iron and steel products.
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