Karnataka HC stays probe against FM Sitharaman in electoral bonds case

The Karnataka High Court has halted the probe against Union Finance Minister Nirmala Sitharaman in connection with the electoral bonds scheme, Bar & Bench reported on Monday. A single judge bench of Justice M Nagaprasanna passed the order on a plea filed by BJP's Nalin Kumar Kateel.

"Section 383 mandates any informant should have been put into fear. It is only then extortion can be established. Criminal law can be set into motion by any person. But in cases of 384, it can be set into motion only by the aggrieved...Who is the complainant here becomes significant. In this case, permitting further proceedings at least until the objections have been filed will become an abuse of the process of law. Therefore, further proceedings are stayed until the next date," the court was quoted as saying by Bar & Bench.

A case was registered against Sitharaman, ED officials, and others in Bengaluru on Saturday, following a court direction for allegedly extorting money through now-scrapped electoral bonds. The FIR was filed under IPC sections 384 (punishment for extortion), 120B (criminal conspiracy), and 34 (acts done by several persons in furtherance of common intention). BJP Karnataka chief B Y Vijayendra, and party leader Nalin Kumar Kateel were also named in the FIR. 

The court's FIR order came on a complaint by Adarsh R Iyer, Co-President of ‘Janaadhikaara Sangharsha Parishath’ (JSP). Iyer alleged that the accused “committed extortion under the guise and garb of electoral bonds and benefitted to the tune of 8,000 and more crore of rupees.”

The complainant further alleged that Sitharaman through the clandestine aid and support of ED officials facilitated extortion of thousands of crores of rupees for the benefit of others both at the state and national levels.

“The entire extortion racket under the garb of electoral bonds has been orchestrated hand in glove with officials of BJP at various levels.” The Supreme Court in February had struck down the electoral bond scheme, saying it violates the right to information and the freedom of speech and expression under the Constitution.

(With inputs from PTI)