Bengaluru: The Lokayukta's Special Investigation Team (SIT) once again submitted a proposal to the Governor Thaawarchand Gehlot on Monday, seeking permission to file a charge sheet against union minister H D Kumaraswamy for "illegally" approving a mining lease to Sri Sai Venkateshwara Minerals (SSVM).
Kumaraswamy is accused of granting a 550-acre mining lease to SSVM in Sandur, Ballari district, in violation of mining and mineral laws during his tenure as chief minister in 2007. The Lokayukta SIT is investigating the case based on the 2011 report submitted by then-Lokayukta Justice N Santosh Hegde on illegal mining.
As per the Lokayukta report, the director of mines and geology received 29 applications for mining lease on the land in Jog, Thimmappagudi, Bhavihalli, NEB Range, Sandur taluk. SSVM was the last to apply but was granted the lease on October 5, 2007.
In 2015, Kumaraswamy was arrested in the case but released on bail.
On November 21, 2023, Inspector General of Police M Chandrashekhar, the head of the Lokayukta SIT, submitted a proposal to the Governor, seeking permission to file charge Kumaraswamy under various sections of the Prevention of Corruption Act, the Indian Penal Code and the Mines and Minerals Act.
"The proposal has been with the Governor for a long time. On August 8, the SIT received a letter from the Governor dated July 29, requesting some clarifications regarding the allegations against Kumaraswamy. On Monday evening, the SIT chief sent a letter to the Raj Bhavan with the requested clarifications, once again requesting the Governor’s permission to file a charge sheet against Kumaraswamy," Lokayukta sources told DH.
Why is Guv's permission necessary?
In 2018, an amendment was made to the Prevention of Corruption Act, 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, sources said.