Woe to HDK: SIT Request to Governor for Submission of Charge Sheet Over Illegal Mining Lease

The Governor is to conduct an inquiry against the allegations leveled against Chief Minister Siddaramaiah in the Muda case. After permitting the prosecution, Union Minister HD Kumaraswamy is in great danger. HD Kumaraswamy, when he was the Chief Minister earlier, is facing charges of illegally giving land to a defunct company called Sai Venkateswara Minerals for mining in Sandur of Bellary district.

The Lokayukta Special Investigation Team (SIT), which has now completed its investigation, has submitted a proposal to the Governor to file a charge sheet against Kumaraswamy. Now SIT has written a letter along with documents seeking the Governor's consent to file a charge sheet against HDK. The Lokayukta SIT is investigating the case based on the 2011 report submitted by then-Lokayukta Justice N Santosh Hegde on illegal mining. In 2015, Kumaraswamy was arrested in the case but released on bail.

What is the case: ADGP of Karnataka Lokayukta's Special Investigation Team (SIT) for prosecution under the Prevention of Corruption Act, 1988 against HD Kumaraswamy. This is an incident related to illegal miners, Kumaraswamy is now the Union Minister of Steel and Heavy Industries in the NDA government led by Prime Minister Narendra Modi. There is an allegation of illegally leasing 550 acres of land for mining to a defunct company called Sri Sai Venkateswara Minerals on 6.10.2007 when HD Kumaraswamy was the Chief Minister at Bhavihalli, Thimmappagudi, Sanduru Taluk, Bellary District. While awarding the lease, it was sanctioned in violation of Rule 59(2) of the Minerals Concession Rules.

It is alleged that HD Kumaraswamy along with the officials of Commerce and Industry and Mines and Geosciences Department has allotted 550 acres of land in NEB Range of Sandur Taluk to Vinod Goyal who created a false document in violation of MCR rules.

The SIT officials have made Vinod Goyal the first accused in this case. HD Kumaraswamy has been made the second accused. It has been learned that K. Jayachandra, Deputy Director of Commerce and Industry Department and B. T. Javare Gowda, First Class Assistant of Mines and Earth Science Department, have been registered as the third and fourth accused.

An FIR was registered regarding this illegality and the SIT of Lokayukta took up the investigation. After the investigation, the Lokayukta was convinced that Kumaraswamy was guilty and a charge sheet was filed. Later, the Lokayukta ADGP is said to have asked the Governor for permission to prosecute.

The SIT found that the company that had benefited from the case in which Lokayukta had sought permission to prosecute Kumaraswamy was bogus. A company called Sri Sai Venkateswara Minerals Limited has been accused of illegally helping HD Kumaraswamy.

Why is Guv's permission required?  In 2018, an amendment was made to the Prevention of Corruption Act, of 1988. Before this amendment, prior permission was not required to file a charge sheet under the Prevention of Corruption Act against elected representatives who had left office or retired officials. However, according to the 2018 amendment, even if the offence occurred earlier, permission from the competent authority is required to file a charge sheet in court. This is why the proposal was submitted to the Governor.