Bangalore: Observing that investigations taken up under the provisions of the Prevention of Corruption Act cannot be stayed by courts, the Karnataka High Court on Tuesday gave the green signal to the Lokayukta police to continue their investigation against Katta Jagadish Naidu, BJP councillor, in connection with the Karnataka Industrial Areas Development Board (KIADB) scam.
The High Court, in different orders earlier, had stayed investigations against Mr. Jagadish and Special Land Acquisition Officer Muninarayanappa.
Justice V. Jagannathan passed the order on Tuesday vacating the stay on investigations while observing that Supreme Court verdicts had made it clear that the powers of the High Court to interfere with the investigation under Section 482 of the Criminal Procedure Code (Cr.PC) cannot be exercised to stay investigations taken up the under provisions of the Prevention of Corruption Act.
“Since the investigation of the cases by the Lokayukta police is indicative of the proceedings having commenced, the question of staying the investigation does not arise in view of the specific bar contained under Section 1993 (3) (C) of the Prevention of Corruption Act,” the court observed while adjourning the petitions filed by Mr. Jagadish seeking quashing of the cases booked against him.
Appearing for the Lokayukta police, senior counsel B.V. Acharya had contended that the High Court had no power to stay the investigation, citing the orders of the Supreme Court.
The hearing on the applications filed by the Lokayukta police for vacating the stay on investigation was delayed as Mr. Jagadish and Mr. Muninarayanappa had filed petitions challenging appointment of Mr. Acharya as Special Public Prosecutor when an advocate was already representing the Lokayukta police. A single judge of the High Court on April 21 upheld the appointment. Mr. Jagadish has also been booked for cheating, forgery and criminal conspiracy.
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