No coercive action: HD Kumaraswamy, son get relief in defamation case

Mangalore Today News Network

Bengaluru, November 7, 2024: Union Minister for Heavy Industries and Steel HD Kumaraswamy and his son Nikhil Kumaraswamy got relief from the Karnataka High Court in connection with the FIR registered against him based on the complaint by Lokayukta SIT ADGP M Chandrashekar.

The High Court bench passed the order on Wednesday while looking into the petition by Kumaraswamy seeking quashing of the FIR. ADGP Chandrashekhar has registered the complaint against Union Minister Kumaraswamy at Bengaluru’s Sanjaynagar Police Station.

The High Court has ordered that no coercive action be taken against him and granted him interim relief.

Senior counsel Hashmat Pasha, appearing for Kumaraswamy, argued that the police are attempting to cancel a 10-year-old anticipatory bail by reviving the case.

The High Court ruled that the FIR cannot be used to revoke old anticipatory bail. Additionally, the High Court recorded a statement from the State Public Prosecutor (SPP) that no coercive measures would be taken against Kumaraswamy in this matter.

Karnataka Police had registered an FIR against Kumaraswamy, on Tuesday as per the directions of a court.

Senior IPS officer Chandrashekar had accused Kumaraswamy of defaming and threatening him and his family.

Sanjaynagar police in Bengaluru had registered the FIR against Kumaraswamy.

The FIR is registered under Section 224 of the Bharatiya Nyaya Sanhita (BNS) 2023.

The police have named Kumaraswamy’s son Nikhil Kumaraswamy as the second accused in the case.

C B Suresh Babu, the JD-S party floor leader in the Legislative Assembly is named as the third accused in the case.

The police had taken a non-cognisable miscellaneous case.

Chandrashekar had approached the court demanding registration of an FIR against Kumaraswamy.

Chandrashekar, in his complaint to the court, had alleged that he had been heading the SIT team probing a case of illegal mining in 2014 - case no. 16/2014 and after getting additional evidence in the case, the investigating team had sought sanction of prosecution from the Governor recently.

In response to this, HD Kumaraswamy held a press conference on September 28 and 29 - where the minister made malicious accusations, threatening the IPS officer and his family members.

The IPS officer, in his complaint to the court, alleged that Kumaraswamy orally threatened him that he would be shunted to another state cadre and also made ill-intended allegations against his family members.

In reply to the charges, Chandrashekar wrote a letter to his staff and refuted all allegations calling it false and malicious.

Chandrashekar concluded his letter by quoting George Bernard Shaw’s famous lines, "Never wrestle with a pig because you’ll both get dirty, and the pig likes it."

Kumaraswamy expressed outrage on Tuesday, calling the FIR filed against him based on a complaint by a senior IPS officer, Lokayukta SIT chief, M. Chandrashekar as "ridiculous and malicious."

Kumaraswamy responded to media questions, saying, "During this by-election, the Congress-led state government is targeting us out of sheer animosity. I will respond to this through the judiciary."

"I have read the FIR and the complaint’s content. It is completely ridiculous and clearly malicious. The complainant has stated that I allegedly made accusations against him in a press conference and has asked for action. Did I provide false information about him? He can review my press conference video if he wants," said the Union Minister.