Karnataka soaps bribery case: HC quashes proceedings against BJP MLA Madal Virupakshappa
A single bench says that prima facie it is the MLA’s son, accused of taking a Rs 40 lakh bribe, who has to face trial.
3 min read
While quashing the proceedings, the court noted that the observations were only with regard to Virupakshappa and not any other accused in the case. (File)The Karnataka High Court has quashed proceedings against Madal Virupakshappa, BJP MLA and former chief of Karnataka Soaps and Detergent Limited, who was booked in a corruption case after his son was allegedly caught taking a Rs 40 lakh bribe.
A single bench of Justice Nagaprasanna said in an order on Wednesday that there was no allegation related to the ingredients of Section 7(a) and (b) of the Prevention of Corruption Act against the BJP leader.
“If there is not even a whisper of any demand or acceptance of bribe by the petitioner, it is ununderstandable as to how the proceedings can be permitted to be continued against him….the entire narration in the statement of objections is against accused No.2, son of the petitioner,” he said.
“The son of the petitioner is no doubt prima facie guilty of demand, acceptance and is answerable to the cash that was found in his house or his office. If the petitioner is nowhere found in any of the instances, merely because he is the father of accused No.2 – the son, he cannot be permitted to be prosecuted. Prima facie, it is the son – accused No.2 who has to answer the allegations in a full-blown trial,” he added.
Virupakshappa’s counsel argued that he had been dragged into the case only on account of the accusation against his son and that there had not been any demand or acceptance of a bribe by the MLA himself. The counsel also argued that the case ought to be quashed as sanction was not sought for the prosecution of a public servant.
The state counsel, on the other hand, submitted that regardless of his direct involvement, Virupakshappa was chairman of the KSDL and that his son had “flexed” his power to demand a bribe. It was a matter of investigation on whose behalf this was done, the counsel argued, adding that since this was a case of a trap laid by the Lokayukta, no prosecution sanction was required.
The court, however, said the tender in connection with which the bribe was allegedly taken showed Virupakshappa did not have any role in the process. “The document of tender that has become the subject matter of complaint is also placed before the Court. Nowhere the petitioner even participated in the proceedings. Therefore, on all these counts, permitting further proceedings against the petitioner would become an abuse of the process of law and result in miscarriage of justice,” the judge said.
While quashing the proceedings, the court noted that the observations were only with regard to Virupakshappa and not any other accused in the case.
Police had said that they had seized Rs 2,02,00,000 from the private office of Virupakshappa’s son, Prashanth Madal and that it was linked to the illegal payments made with respect to the KSDL contracts. The MLA quit as chairman of the state-run firm after his son’s arrest in March.
You May Like
