Bagar Hukum land controversy: Karnataka HC junks former minister's plea against ACB investigation

BENGALURU: In a big setback for senior BJP leader and former deputy chief minister R Ashoka, the Karnataka high court on Tuesday dismissed his petition challenging the investigation based on the FIR registered by Anti-Corruption Bureau(ACB) in connection with Bagar-Hukum land scam.
The court also dismissed similar petitions filed by seven other accused persons in the case. Consequent to dismissal of these petitions, the stay operating against ACB investigation stands vacated.
“In view of the serious allegations made in the complaint against the accused and on perusing the entire material, I am of the opinion that it is too early for the court to quash the proceedings.Apart from that, looking at the FIIR it is not a case filed to abuse the process of the court and it cannot be said that there is no prima facie case” Justice R B Budihal has observed.
Citing inordinate delay in filing of the complaint, Ashoka had also contended that there is already a Lokayukta investigation which is still pending on the same issue
According to him, as MLA from Uttarahalli constituency, he was heading the Bengaluru South Taluk Bagar Hukum Land Regularization Committee (between 1998-2006) and though there were members in the said committee they were not made parties in the complaint as they were attached to congress party.
However, the court noted that duty was cast upon the said committee to verify the documents and to ascertain that who are eligible for regularization of unauthorized cultivation of lands and it cannot be argued at this stage of investigation that the Chairman and committee members were misguided by the Revenue Department.
As regards to argument that members of the Congress Party who were also members of the committee were not made as accused, the Judge has said that it is for the investigation officer to array persons as accused based on the complaint and probe .
“He (Investigation officer) can also drop names from FIR while filing final report based on the investigation and based on this argument the FIR cannot be quashed” the Judge has further observed.
The ACB had contended that Ashoka was responsible for grant of land ineligible beneficiaries and there is a strong, prima facie case against him.