Karnataka high court stays FIR against SM Krishna on illegal mining case

BANGALORE: In what should come as a relief to external affairs minister SM Krishna, the Karnataka High Court on Thursday stayed an FIR filed by the Lokayukta Police against him on a private complaint accusing him of facilitating illegal mining during his tenure as state chief minister.

Passing the interim order on a petition by Krishna, Justice BV Pinto directed respondent TJ Abraham, on whose complaint the FIR was registered, to file objections by January 6.

The Lokayukta Police had on December 8 had registered the FIR against Krishna and two other former chief ministers N Dharam Singh and HD Kumaraswamy, who succeeded him, besides 11 officials, following a directive by Lokayukta judge NK Sudhindra Rao.

The Karnataka Lokayukta’s decision was pounced upon by the BJP, which stalled proceedings in Parliament on three consecutive days last week seeking Krishna’s resignation.

Still smarting under the “corruption’’ tag hurled at it by the Congress following former chief minister BS Yeddyurappa’s indictment by the then state Lokayukta, N Santosh Hegde for his alleged involvement in the mining scam, the BJP saw in the Lokayukta Police’s FIR an opportunity to get back at its main political rivals in the state.

Krishna had moved the HC on December 9 seeking quashing of the private complaint and the FIR. When the matter came up in the HC on Thursday, Krishna's counsel Uday Lalit contended that the allegations made in the private complaint did not constitute an offence prima facie as they were based on the Lokayukta report on illegal mining which, he said, did not refer to his client's name.

“Hence, there was no question of Lokayukta Police filing FIR against Krishna,” he reasoned. Moreover, the Lokayukta report refers to granting of mining lease after 2006 when N Dharam Singh was the chief minister, he argued.

“There was no reference in the Lokayukta report of granting mining lease in 2004 when Krishna was chief minister ... Hence allegations levelled by the respondent (Abraham) do not constitute an offence,” Lalit argued.

In his petition, Krishna had submitted he had not committed “any illegality or irregularity” in the mining sector. The FIR has been filed against Krishna under various sections of Prevention of Corruption Act, Forest Conservation Act, Forest Act and Minerals and Metals Regulation and Development Act.