“Bagair Hukum Committee Has Acted Bagair Kanoon”: Karnataka HC Refuses To Quashes FIR Against Ex-MLA Lingesh KS In Cheating Case
The Karnataka High Court has refused to quash criminal proceedings pending against former Member of the Legislative Assembly of Belur constituency Lingesh K.S. and others alleged to be involved in cases of cheating, forgery and other offences by creating land records for bogus beneficiaries.
The Bench of Justice M Nagaprasanna observed, “If the petition is entertained and proceedings are closed against the petitioners, it would be putting a premium on the illegality committed by the Chairman and Members of the Samithi and accepting bartering away of Government lands as if they are self-acquired private properties of the Chairman and members of the Samithi. This is sans countenance, by any canon of law… I hold that Bagair Hukum Committee has acted Bagair Kanoon, albeit, prima facie.”
Senior Advocate Ashok Haranahalli appeared for the Petitioners, whereas Additional SPP B.N. Jagadeesha appeared for the Respondents.
A criminal petition was filed by the former MLA and others under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the FIR and subsequent proceedings for the offences under Sections 468, 464, 465, 471, 409, 420 and 120B of the Indian Penal Code, 1860.
Between 2016 and 2023, the Petitioners-Accused were in the Council, all of them being political entities appointed as Chairman and Members of a particular Committee known as Bagair Hukum Saguvali Samithi (‘the Samithi’). Accused No.1 /Petitioner was a Member of the Legislative Assembly of Belur constituency. He was the Chairman of the Samithi. Accused Nos. 2 to 4 were its members, and accused Nos.5 to 10 were the erstwhile members. Accused Nos.11 to 14 are the Tahsildars who were functioning at the relevant point in time at the said place and were Secretaries of the Samithi.
The allegation revolved around the functioning of the said Samithi. It was alleged that the Samithi had created records and bartered away Government lands to the extent of 2750 acres to 1430 bogus beneficiaries, which were valued at more than Rs. 750 crores in the constituency of Accused No.1, who was the Chairman of the Samithi. Based upon this allegation, the Complainant registered the complaint. The Samithi was constituted to regularise lands by unauthorised occupants as obtained under Section 94A of the Karnataka Land Revenue Act, 1964.
The Court highlighted that after going through the Reports of officers, it could be seen that persons who were not even from Belur Taluk and who had produced fake and bogus certificates, the Samithi has granted the lands or regularised those lands as the case would be.
“The report of the Tahsildar forwarded to the Assistant Commissioner and the detailed report of the Assistant Commissioner to the Deputy Commissioner all of which would unmistakably, albeit prima facie, lead to a conclusion that Government lands are illegally bartered away, as if they are the personal properties of members of the Samithi and the office is treated as their personal fiefdom. It is not one, 10 or 100 acres; the lands that are bartered away are 2750 acres which then valued at `750/- crores…This matter would require investigation in the least, as it involves maze of facts. The issue regarding sanction of public servants need not be gone into, as no public servant is before the Court.”, the Court added.
Accordingly, the Court rejected the criminal petition.
Cause Title: Sri Lingesh K.S. and Ors. v. State of Karnataka and Anr.
Appearances:
Petitioners: Senior Advocate Ashok Haranahalli and Advocate Srinivas Rao S.S.
Respondents: Additional SPP B.N. Jagadeesha and Advocate Umapathi S.
