HC restrains cops from taking action against HDK, son in mining case

The court also prevented the prosecution from pursuing cancellation of Kumaraswamy’s anticipatory bail granted in a 2014 mining case

The Karnataka high court has issued an interim order restraining police from initiating any action against Union minister HD Kumaraswamy and his son, Nikhil Kumaraswamy, in connection with an FIR lodged against them for alleged criminal intimidation.

The FIR was filed on the basis of a complaint from additional director-general of police (ADGP) M Chandra Shekar, head of the special investigation team (SIT) under the Karnataka Lokayukta (ANI)

The court’s directive, issued on Wednesday, also prevented the prosecution from pursuing cancellation of Kumaraswamy’s anticipatory bail granted in a 2014 mining case, effectively shielding the former chief minister and his son, a Janata Dal (Secular) candidate for the Channapatna assembly by-election.

The HC order followed the state government’s assurance that no coercive measures would be taken against Kumaraswamy or others named in the FIR registered on November 4. “It is made clear that the prosecution, on the reason of the registration of the impugned crime, cannot and shall not move an application seeking cancellation of anticipatory bail, and if the application is already filed, they are restrained from taking any further action on the application,” justice M Nagaprasanna said.

Requesting anonymity, a senior police officer had said on Monday, “We will initiate the probe into the allegations made by the officer. Notices will be served to the accused by the investigating officer to record their statements.”

Justice M Nagaprasanna, presiding over the case, instructed that, should the state attempt any further action contradicting this order, the petitioners have the right to raise the issue. The court postponed further hearings to December 5. Representing Kumaraswamy and the other petitioners, senior advocate Hashmath Pasha argued that the FIR was “politically motivated”. He highlighted that the complaint from ADGP Chandrashekar stemmed from accusations levelled by Kumaraswamy, who had alleged misconduct and corruption on the part of Chandrashekar. Kumaraswamy claimed that the officer had engaged in illegal activities, including fabricating medical documents to secure a deputation from Himachal Pradesh to Karnataka. He further accused the officer of attempting to conduct a search of Karnataka’s Raj Bhavan under the guise of investigating an information leak tied to his prosecution in the mining case.

He further argued that in response to Kumaraswamy’s accusations, Chandrashekar had issued a note to SIT staff, stating that Kumaraswamy was attempting to “threaten” the investigative team with unfounded allegations.

On October 11, Chandrashekar filed a complaint with the police, initially registered as a non-cognisable offence. However, following permission from the magistrate court on October 30, an FIR was formally registered on November 4, invoking Section 224 of the Bharatiya Nyaya Sanhita, 2023, which addresses threats intended to coerce public servants.

In response, Kumaraswamy’s legal team said that the allegations are orchestrated to tarnish his reputation and undermine his son’s electoral bid. Reacting sharply to the allegations of Monday, Kumaraswamy said, “I have spoken in front of the media and raised my concerns over a few issues. When did I threaten him? He has filed a complaint, let him, we will face it in court,” he told reporters on Tuesday.

“Neither of us need to be afraid of each other. Let the matter come before the court, I don’t need to go anywhere,” he added. “They have been investigating the case for the last 12 years. Whenever they summoned me, I appeared before them. I never said I won’t face the investigation. It is all being done politically by the state government and him (Sekhar). We have the court and we will face it. I trust the judiciary; our lawyers will reply to the complaint.”