SC stays Karnataka HC order making Kumaraswamy a party in land encroachment case

Kumaraswamy had moved the top court against the high court’s April 17 order directing to make him a party in the contempt plea filed by Samaj Parivartan Samudaya, an NGO

The Supreme Court on Thursday stayed a Karnataka high court order making Union heavy industries minister and Janata Dal (Secular) leader HD Kumaraswamy a party in the ongoing contempt proceedings over the alleged illegal land encroachment in a Karnataka village.

The apex court noted that the contempt proceedings were pending before the high court for alleged disobedience of an order of January 14, 2020, passed by a division bench (ANI)

Kumaraswamy, a former Karnataka chief minister, had moved the top court against the high court’s April 17 order directing to make him a party in the contempt plea filed by Samaj Parivartan Samudaya, an NGO.

A bench comprising justices Pankaj Mithal and Prasanna B Varale took note of Kumaraswamy’s plea and issued notices to the NGO, being represented by lawyer Prashant Bhushan, and the Karnataka government. “In the meantime, the effect and operation of the April 17,2025 order shall remain in abeyance,” the bench said.

The apex court noted that the contempt proceedings were pending before the high court for alleged disobedience of an order of January 14, 2020, passed by a division bench. “The above order in the writ petition was passed by the high court on the basis of the statement by the additional advocate general wherein he stated that the state will comply with the order dated August 5, 2014, passed by the Karnataka Lokayukta within a period of three weeks,” the bench said.

The order of the Lokayuta was detailed but interlocutory in nature and later the Lokayukta finally closed the proceedings on March 3, 2021, the bench noted.

Senior advocate CA Sundaram, who along with advocate Balaji Srinivasan appeared for the JD(S) leader, submitted that the high court had failed to note that Kumaraswamy was not issued notice in the proceedings that culminated in the January 2020 order.

Accusing the NGO of having an “ulterior political motive”, Sundaram said the 2020 order was passed in a public interest litigation based on a proceeding before the state Lokayukta. A complaint was filed before the Lokayukta in 2011 over alleged encroachment on government land in Kethaganahalli village in Bidadi. The state ombudsman had on August 5, 2014 directed the state to conduct an inquiry on the allegations and recover the land found to be in illegal occupation.

The NGO filed a writ petition in the high court alleging that Kumaraswamy and his family members were involved in grabbing around 200-acres government land.

For the NGO, Prashant Bhushan submitted in the top court that looking into the serious allegations, the high court had formed a special investigation team (SIT) which is pursuing eviction proceedings. “If they are aggrieved by the contempt proceedings, let them go to the high court. Today, they have come up against an order impleading them as a party,” Bhushan argued.

Allowing the NGO to file its response to the current petition, the top court posted the matter after four weeks.