The Supreme Court on Tuesday allowed an “early” listing of a petition filed by the Karnataka Lokayukta challenging the anticipatory bail granted to Bharatiya Janata Party (BJP) legislator Madal Virupakshappa in an alleged case of corruption.
Entertaining an urgent mentioning by Karnataka Lokayukta which is probing the case, a bench headed by justice Sanjay Kishan Kaul said, “List as early as feasible, subject to curing of defects.”
The Court did not assign any date as it observed that the matter involved cancellation of anticipatory bail.
However, the urgency on part of the Lokayukta was understandable as the Karnataka high court, which granted bail to BJP MLA Virupakshappa on March 7, had posted the matter for hearing on March 17.
The case involved a corruption case related to Karnataka Soaps and Detergents Limited (KSDL) where the Lokayukta arrested the MLA’s son Prashanth Madal taking a bribe at his father’s office. In the raids that followed, the Lokayukta officials recovered a total of ₹8.23 crore in cash from his residence and office along with huge quantity of gold and silver ornaments among other recoveries.
Senior advocate Basava Prabhu Patil appeared for the state lokayukta before the top court and requested an urgent listing considering the sensational recovery of money and the manner by which the high court granted pre-arrest bail to the accused.
{{/usCountry}}Senior advocate Basava Prabhu Patil appeared for the state lokayukta before the top court and requested an urgent listing considering the sensational recovery of money and the manner by which the high court granted pre-arrest bail to the accused.
{{/usCountry}}The plea was initially mentioned for urgent listing before a bench headed by Chief Justice DY Chandrachud, who asked the Lokayukta’s counsel to mention the matter before a bench headed by Justice Sanjay Kishan Kaul. When the counsel requested that the matter be listed as earlier as possible, the CJI said since the court of the Chief Justice is hearing a constitution bench matter, it will not be possible for the bench to hear it.
CJI Chandrachud said, “You can mention the matter before the bench headed by Justice Sanjay Kishan Kaul. We are hearing a constitution bench matter or else we would have taken it at the end of the board”.
The counsel said the matter can be taken up at 2 pm. CJI Chandrachud said, “Alright. You mention before Justice Kaul”.
The counsel immediately rushed to the court headed by Justice Kaul seeking urgent listing of the plea. However, Justice Kaul asked the counsel as to what was the urgency for listing of the plea. The counsel said the accused is a sitting MLA and a large amount of money was seized from his possession.
Justice Kaul then directed that the matter be listed as early as possible and observed that the high court has already applied its mind. The counsel requested that the matter be listed at 2 PM. However, Justice Kaul said it is a bail cancellation matter and it will be listed in due course.
The BJP MLA’s son Prashanth Madal, who is the chief accounts officer of the Bangalore Water Supply and Sewerage Board, was arrested by the Lokayutka police on March 2 while allegedly receiving a bribe of ₹40 lakh on behalf of his father at the KSDL office.
A single judge bench of the high court had granted the anticipatory bail to the MLA after hearing his petition.
Virupakashappa resigned as chairperson of KSDL following his son’s arrest.
While granting the conditional bail, the high court had directed the MLA to appear before the investigating officer in the case within 48 hours of receiving the order copy. The anticipatory bail was granted subject to a bond of ₹5 lakh.
Virupakshappa was also directed not to tamper with the witness while on bail. The hearing of the petition was adjourned to March 17.
The MLA’s petition claimed that he had no role to play in the alleged bribery case and he has been falsely implicated in it. The alleged scam relates to the supply of chemical to KSDL in which a bribe of ₹81 lakh was allegedly demanded.
His son was allegedly caught while receiving ₹40 lakh of this bribe on his behalf.
Following the arrest of Prashanth Madal, the Lokayukta police had conducted further search operations in the home and offices of the Madals and recovered over ₹8.23 crore in cash.
With PTI inputs