Continue probe against Krishna & HDK, says HC

In a setback to the External Affairs Minister S M Krishna, Karnataka High Court on Friday refused to quash the Lokayukta police probe against him on charges that he dereserved forest areas in ecologically fragile zones during his tenure as chief minister during 1999 and 2004.

However, in a partial relief to Krishna, the court quashed charges of mismanagement of state-owned Mysore Minerals Ltd (MML), the nodal agency of the state for supply of iron ore to various firms, thereby causing loss to the firm.

The order was pronounced by Justice N Ananda on a petition filed by Krishna praying for quashing of proceedings initiated by a Lokayukta Special Court in December 2011 on a private complaint against him.

The court allowed the Lokayukta police to continue probe into the charges relating to dereservation of forest area rich in mineral wealth.

“Petition is accepted in part. Impugned order of reference by the Lokayukta court is modified. The complaint initiated in the private complaint and the reference under section 156 (3) CrPC for investigation of allegations made against the petitioner in relation to illegal acts committed in the management of Mysore Minerals Limited, are quashed,” the Judge said.

“The reference under section 156(3) CrPC for investigation of offences allegedly committed by Krishna in the matter of dereservation of forest, pursuant to the cabinet decision dated December 16, 2002, is confirmed”, Justice Ananda said. Reacting to the court verdict, Krishna told reporters “I think my lawyers will look into the details of the judgement and they will take appropriate action.”

Asked whether it was a setback to him, he said “unless I see the full text of the judgement, I think, I would not be in a position to comment about that.”

He sought to side step a query on how he would react if there was opposition demand for his resignation, saying “we will cross it when such a demand is made.”

Case against Kumaraswamy
Meanwhile, the State High Court also ordered continuation of a probe into the lease granted to a mining firm by former Chief Minister H D Kumarasawamy, but quashed charges of bribery and renewal of mining lease of another private firm. Pronouncing his verdict on a petition by Kumaraswamy, praying for quashing proceedings initiated by a Lokayukta Special Court on a private complaint, Justice Ananda said the court has modified the lower court order, directing Lokayukta police to investigate the complaint under Sec 156ô3 CrPC.

The court while quashing the charges against Kumaraswamy in a report in a leading English daily alleging he had collected Rs 150 crore bribe from miners and renewed the mining lease of Jentakal Enterprises, however allowed Lokayukta police to continue investigation into the lease granted to Shree Sai Venkateshwara mining company.

Justice Ananda said proceedings initiated in the complaint and consequent reference under Sec 156(3) CrPC by the 23rd Additional Civil and Sessions Judge and Special Judge for Prevention of Corruption Act, Bangalore relating to probe of offences alleged against Kumaraswamy based on a news report in 2006 about an allegation that he had collected Rs 150 crore bribe from miners, are quashed.

The court also quashed another charge that Kumaraswamy had misused his official position to renew licence of Jentakal Enterprises and had exerted pressure on the Commissioner of Mines and Geology department to issue permit to the firm for lifting old dump of one lakh metric tonne of low grade iron and manganese and reference under Sec 156(3) CrPC for investigation into these allegations. The judge, however, said the reference under Sec 156(3) CrPC allegedly committed by Kumaraswamy in approving the lease in favour of Shree Sai Venkateshwara, “is confirmed”.