Bengaluru: A Special Court for MPs and MLAs has ordered a preliminary inquiry into a private complaint alleging irregularities involving the Siddhartha Vihar Trust, in which AICC president Mallikarjun Kharge, Karnataka Home Minister Priyank Kharge, MP Radhakrishna and others have been named as respondents.
The complaint was filed by the Lanchamukta Karnataka Nirmana Vedike, which alleged irregularities in the allotment of an industrial site to the trust and sought an investigation into its other transactions. The complainant had sought action under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Mallikarjun Kharge, his wife Radhabai, Radhakrishna, Rahul M Kharge, Priyank Kharge, Industries Minister MB Patil and officials of the Karnataka Industrial Areas Development Board were named in the complaints.
Court declines police investigation
The court, in an order issued on August 11, directed that the allegations be examined. However, it declined to directly order a police investigation under Section 175(3) of the BNSS. Instead, it posted the matter for preliminary inquiry under Section 223 of the BNSS on August 28.
Senior advocate Lakshmi Iyengar appeared for the complainant. The court observed that the affidavit accompanying the complaint did not fully comply with the requirements of Section 333(2) of the BNSS.
The court noted that the complainant must separately identify facts based on personal knowledge and those believed to be true on reasonable grounds, along with the basis for such belief.
The court also examined the additional safeguards available to public servants under Section 175(4) of the BNSS. Before ordering an investigation against a public servant for alleged acts connected with official duties, the magistrate is required to obtain a report from the superior officer and provide an opportunity to the public servant to explain the circumstances.
The court’s order does not establish guilt against any of the respondents. The matter will come up for further proceedings on August 28.
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