Karnataka HC Halts ED Summons to CM's Spouse and Byrathi Suresh in MUDA Case
Click to start listening
Synopsis
The Karnataka High Court has temporarily halted the Enforcement Directorate's summons to CM Siddaramaiah's wife, B.M. Parvathi, and Minister Byrathi Suresh regarding the MUDA land scam, raising questions about the ED's urgency and the ongoing court proceedings.
Key Takeaways
- Karnataka High Court stays ED summons to CM's wife and Minister.
- Concerns over the ED's urgency raised by the court.
- Next hearing scheduled for February 10.
- Advocate argues no personal gain from alleged illegal site allocations.
- The court questions the ED's investigation amid ongoing judicial proceedings.
Bengaluru, Jan 27 (NationPress) – The Karnataka High Court's Dharwad Bench, presided over by Justice M. Nagaprasanna, has issued a stay on the summons from the Enforcement Directorate (ED) directed at B.M. Parvathi, the spouse of Karnataka Chief Minister Siddaramaiah, and Byrathi Suresh, the Minister for Urban Development, regarding the MUDA land scam.
The Bench raised concerns about the ED's haste, querying, "What is the tearing hurry?" as the order was passed.
The CM's wife, Parvathi, cited as the second accused in the matter, was summoned to appear before the ED on Tuesday (January 28).
Minister Byrathi Suresh, a close ally of the CM, was also called in to face the ED's questioning on Monday.
Both individuals sought judicial relief separately, aiming to halt the ED's summons.
The High Court's stay on the ED summons persists until February 10, awaiting the next court session.
Advocate Sandeep Chowta, representing Parvathi, contended that the claims of illegal allocation of 14 sites against her did not entail personal profit. He urged for a suspension of the ED's inquiry.
Justice Nagaprasanna challenged Additional Solicitor General (ASG) Arvind Kamat, who was representing the ED, questioning the necessity of their investigation given that the case was already under judicial review.
ASG Kamat informed the court that Siddaramaiah's wife is facing allegations in the Mysuru Urban Development Authority (MUDA) scam, under the Prevention of Money Laundering Act (PMLA).
The Bench indicated that the disputed illicit assets were no longer held by the accused and stressed that the ED's investigation should not disrupt ongoing court proceedings, which have already reserved judgment in this case.
The court further scrutinized the ED's urgency, questioning, "What emergency necessitates probing this matter at this moment? The case is under review for a decision. Why should the ED's investigation continue now?"
ASG Kamat clarified that the ED merely requested the accused to attend and submit documents, asserting that this would not hinder the court's work.
The Bench reiterated that the MUDA case stems from a FIR lodged by the Lokayukta, which is already reserved for a ruling. The court noted: "I cannot permit this as it would obstruct the proceedings before me, particularly since I have already heard the related case and reserved orders."
Previously, the High Court had annulled a summons from the ED directed at former MUDA Commissioner D.B. Natesh.
The Bench remarked that the assertion that the ED is solely documenting statements is untenable, as a failure to comply could incite arrests by the agency. Appropriate orders were enacted to suspend the ED's summons.
Senior counsel C.V. Nagesh, representing Byrathi Suresh, claimed his client is not implicated in the MUDA case.
Nonetheless, the ED had summoned him to appear before their officials at 11 a.m. on Monday. Nagesh sought similar protection for his client, citing the prior cancellation of summons to Natesh.
The Enforcement Directorate issued a notice to Parvathi, who is the second accused in the Mysuru Urban Development Authority (MUDA) scam. The ED also issued a notice to Minister Byrathi Suresh, a close associate of CM Siddaramaiah.
Sources disclosed that the notice was issued to Parvathi under Section 50 of the Prevention of Money Laundering (PMLA) Act.
The notice, authorized by senior ED officer Murali Kannan, requested her presence before the ED team on January 28 (Tuesday).
Further information revealed this was the second notice sent to Parvathi by the ED. Previously, she had requested a two-week extension, citing health issues, age, and her inability to attend in person. She also asked to appear online, a request that was not granted by the ED.
It was indicated that due to potential legal actions against Siddaramaiah's wife Parvathi, the Chief Minister's family sought the High Court's intervention to suspend the ED's notice.
Parvathi's attorney requested that the High Court address the petition on an urgent basis. In response to this plea, the court agreed to hear the petition by Monday.
