SC PULLS UP ED
New Delhi, July 22 -- The Supreme Court on Monday warned the Enforcement Directorate (ED) about being used as a political tool and likening the trend to a "virus" that must not spread across the country.
Dismissing the agency's appeal against the quashing of proceedings in the Mysuru Urban Development Authority (MUDA) land allotment case involving Karnataka chief minister Siddaramaiah's wife Parvathi, the court said "enough is enough" and cautioned ED to steer clear of political battles.
A bench comprising Chief Justice of India Bhushan R Gavai and Justice KV Chandran questioned ED's motives in pursuing the case. "Let political battles be fought before the electorate. Why are you being used?" the bench asked Additional Solicitor General SV Raju, who appeared for ED.
"Mr Raju, please don't ask us to open our mouths. Otherwise, we will be forced to make some harsh comments about ED," the bench cautioned the ASG.
In a stern tone, the CJI further remarked: "Unfortunately, I have some experience in Maharashtra. you don't perpetuate this virus across the country now. Let political battles be fought elsewhere and not in courts." It wasn't immediately clear which investigation of ED pertaining to Maharashtra he was referring to.
The bench dismissed ED's appeal on the spot, making it clear that it was not inclined to entertain any arguments in the matter. "You better not argue this at all," the bench told Raju.
The court's strictures came in response to ED's challenge to the March 7 ruling of the Karnataka HC, which quashed the Enforcement Case Information Report (ECIR) and the summons issued by the agency to Parvathi and minister Byrathi Suresh in connection with alleged irregularities in the allotment of 14 residential sites by MUDA. The controversy stems from allegations that Parvathi received 14 developed plots of land in a high-value Mysuru locality as compensation for land she claimed was acquired by MUDA.
According to the original complaint, Parvathi's brother gifted her a parcel of land that was allegedly part of an illegal private layout later acquired by MUDA, and upon her complaint regarding compensation, MUDA granted her 14 alternative plots, valued significantly higher than the land supposedly acquired. The value of the plots was estimated at around Rs.56 crore. MUDA's allotment of alternative plots happened in 2022 when the BJP was in power in the state. An FIR was filed on September 27, 2024, by the Karnataka Lokayukta Police on the directions of the Special Court dealing with cases against MPs and MLAs. Siddaramaiah, Parvathi, her brother BM Mallikarjun Swamy and J Devaraju, the man from whom the land was originally purchased, were named in the FIR.
Subsequently, ED took cognisance of the Lokayukta's FIR and registered an ECIR on September 30, 2024. ED, in its provisional attachment order dated January 17 following an investigation, alleged that Siddaramaiah and other accused were involved in attempted money laundering in the MUDA site allotment case. The agency said that the 14 sites (plots) allotted to Parvathi in Mysuru upmarket were illegally allotted. "Illegal compensation in the form of sites at posh locality worth Rs 56 crore (Appx) was obtained through political influence..."it said.
However, the Lokayukta Police later gave a clean chit to Parvathi, Siddaramaiah, and two others, citing lack of evidence.
Despite this, ED pressed ahead with its probe, issuing provisional attachment orders and alleging that political influence was used to secure the plots illegally.
On January 27, the Karnataka HC stayed the ED's summons to Parvathi and Suresh.
Later, in a final ruling delivered on March 7, the court quashed the ECIR and associated summons altogether. Justice M Nagaprasanna, who delivered the ruling, held that the agency lacked sufficient grounds to pursue the matter, though the detailed reasoning of the court is still awaited....
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