Karnataka not to take coercive action against Kumaraswamy, others in alleged case of threatening IPS officer: HC
The Karnataka High Court said if the state government takes action contrary to the undertaking, Kumaraswamy would be at liberty to move the court.
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A bench of Justice M Nagaprasanna heard the matter after HD Kumaraswamy moved the High Court seeking a cancellation of the First Information Report. (@hd_kumaraswamy/X)The Karnataka High Court has recorded an undertaking by the state that it will not take coercive action against former chief minister HD Kumaraswamy, his son Nikhil, and JD(S) leader Suresh Babu in connection with the FIR registered against them based on a complaint lodged by senior IPS officer M Chandrasekar.
On Wednesday, a bench of Justice M Nagaprasanna heard the matter after Kumaraswamy moved the High Court seeking a cancellation of the First Information Report. The FIR was registered by the Sanjay Nagar police on Monday following a court direction under Section 224 (threatening a public servant) of the Bharatiya Nyaya Sanhita (BNS). Chandrasekhar filed his complaint early in October.
Chandrasekhar, who heads the Lokayukta Special Investigation Team (SIT) investigating illegal mining cases in which Kumaraswamy is an accused, alleged that on September 28 and 29, the former CM held press conferences where he made false accusations and issued threats. He also allegedly accused Chandrasekhar of bribery and falsifying documents to remain in the Karnataka Indian Police Service cadre.
Chandrasekhar-led SIT is also currently probing the lease of over 500 acres of forest land for mining in Bellary district during Kumaraswamy’s tenure as the Karnataka CM from 2006 to 2007.
Kumaraswamy’s counsel argued that based on the FIR, the Karnataka Government was pressing to cancel the anticipatory bail granted 10 years ago. The counsel added that Kumaraswamy was being targeted as he was in the Opposition, while the previous court order directing an FIR to be filed had been done without application of mind.
The court ordered, “For the reason that the present crime is registered, the anticipatory bail that was granted 10 years ago ….which is subject matter ancillary…cannot be cancelled. The state is restrained from seeking any such cancellation in light of undertaking of the additional SPP that no coercive steps or precipitative action will be taken.”
The court also said that, in case, the state government took action contrary to the undertaking, Kumaraswamy would be at liberty to move the court.
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