SC orders SIT probe against 2 former Karnataka CMs over illegal mining

H D Kumaraswamy and N Dharam Singh face probe; former CM S M Krishna gets relief

The Supreme Court on Wednesday ordered the Karnataka Police to probe two former Chief Ministers - H D Kumaraswamy and N Dharam Singh - in connection with large scale illegal iron ore mining in the state between 1999 and 2004.

A bench of Justice P C Ghose and Justice R F Nariman directed a Special Investigation Team (SIT) of the Karnataka Police to probe the role of Kumaraswamy and Singh in de-reservation of 11,797 square km of forest in Bellary district that led to the large-scale illegal iron ore mining.

However, another former chief minister S M Krishna, who has recently joined the BJP, got relief as the apex court said that the investigation against him "shall remain stayed". The probe against Krishna was stayed by the apex court on November 16, 2016, on grounds including that the then Lokayukta Justice N Santosh Hegde had not found any evidence against him.

Abraham T Joseph, a businessman and activist, had approached the trial court seeking registration of a FIR against various persons including the three former chief ministers alleging that they connived with several bureaucrats and others in de-reservation of 11,797 square kilometres of forest in Bellary district of Karnataka which led to large-scale illegal iron ore mining.

Initially, the court said there cannot be a "parallel investigation" by the state police after the lokayukta, which has investigating powers under the state statute, has probed the case and filed its reports with the executive authorities.

The bench did not agree with the submission that the probe against Krishna be also allowed, saying that there was nothing against the former chief minister in the lokayukta reports.

"The Gaikawad report says the chief minister (Krishna), who was in the office from 1999 to 2004, was hoodwinked by the bureaucrats," the bench said, adding that the "veracity of allegations against accused one (Krishna) is not substantiated".

The counsel for Kumaraswamy opposed the submission, saying that it would amount to parallel proceedings.

"We are not disposing of the petition. If you have any problem, you can come to us," the bench told the counsel for JD(S) leader Kumaraswamy.

The bench also barred other courts from entertaining cases related to the probe.

The court gave the SIT three months time to file a report before it after probing the roles of other two CMs and former and serving bureaucrats.