The Karnataka High Court has allowed a private complaint alleging irregularities in the allotment of a civic amenity site by the Bengaluru Development Authority (BDA) to the Siddhartha Vihar Trust, associated with Congress president Mallikarjun Kharge and his family, to proceed.
The Single Bench of Justice Naga Prasanna heard this matter. The proceedings arise from a complaint filed by Vijayraghava Marathe alleging that an 8,125-square-metre civic amenity site in Bengaluru’s Banashankari area was illegally allotted to the trust. The complaint further alleges that the trust secured a 50% concession in the lease amount by claiming Scheduled Caste status and that BDA officials acted in collusion with the beneficiaries.
The allegations have been denied by the accused. The continuation of the complaint proceedings does not, at this stage, amount to a finding of guilt or a judicial determination that the alleged irregularities took place.
The complaint names Mallikarjun Kharge, his son and Karnataka Minister Priyank Kharge, Radhakrishna Kharge, Radhabai Kharge and others as accused. It also raises allegations concerning a separate land allotment made by the Karnataka Industrial Areas Development Board (KIADB) to the trust at Bengaluru’s Aerospace Park.
The matter came before the High Court after the Special Court dealing with cases involving MPs and MLAs decided to proceed with the complaint under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), instead of directing the Lokayukta police to register a case and investigate the allegations.
The complainant had approached the High Court seeking an order under Section 175(3) of the BNSS for a police investigation, invoking provisions of the Prevention of Corruption Act.
The High Court had earlier sought a response from the Lokayukta police over allegations that they had failed to act on the complaint. Justice Naga Prasanna was hearing the challenge concerning the manner in which the Special Court had dealt with the allegations.
The complaint also questions the Aerospace Park allotment, alleging that the trust did not have prior experience in aerospace or research-related activities.
With the High Court allowing the complaint proceedings to continue, the allegations concerning the BDA allotment will remain subject to judicial scrutiny. The Court’s order does not, however, adjudicate upon the merits of the allegations against Kharge, his family members or the other accused.
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