The Karnataka High Court on Friday (February 7) refused to transfer the investigation by the Lokayukta police into the alleged Mysore Urban Development Authority (MUDA) "scam" which is stated to involve Chief Minister Siddaramaiah, to the Central Bureau of Investigation.
Justice M Nagaprasanna while pronouncing the order said, "The material on record does not indicate that investigation conducted by Lokayukta is partisan or lood sidedor shoddy for this court to refer the matter to CBI for further investigation or reinvestigation. Petition is dismissed."
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The court had reserved its verdict last month after hearing all the parties.
The parties had raised the following contentions-
An accused or suspect cannot say which agency can investigate
Senior Advocate Maninder Singh appearing for petitioner Snehamayi Krishna argued that the prospective accused has no right to be heard at this stage. An accused or suspect accused cannot say which investigating agency should investigate, he said.
He submitted that in the earlier proceedings (Challenge to Governor's sanction by Siddaramaiah) Identical notes of three authorities were produced earlier, Cabinet, Chief Secretary and Legal Dept. There was a unison approach to defend the Chief Minister.
He referred to various Supreme Court judgments and said “Whether it is absolutely necessary to meet the needs of fair investigation where there are high functionaries involved, to meet public interest as laid down by the Supreme Court it is completely applicable in this case. If the facts are speaking for themselves, nobody is casting aspersions on investigation but is it likely to result in fairness which is fundamental requirement of investigation and for the trial. Then the court should not hesitate for transferring to independent investigations. If there is a reasonable apprehension that fair investigation will not take place then the court can exercise its discretion”.