Special court in Karnataka orders Lokayukta investigation against CM

Sub: Polity

Sec: National Body

Context:

A special court in Bengaluru ordered the Lokayukta police in Mysuru to register a criminal case against Chief Minister Siddaramaiah and others in the MUDA case.
Allegations involve irregularities in the allotment of 14 sites worth ₹56 crore to Siddaramaiah’s wife by the Mysuru Urban Development Authority (MUDA).
In his plea, the Chief Minister had challenged the permission granted by the Governor under Section 17A of the Prevention of Corruption Act for conducting an investigation against him.

Court Directive:

Court instructed the Superintendent of Police of the Lokayukta police to invoke provisions on prevention of corruption, prohibition of benami properties and land grabbing under various laws.
The court exercised its power under Section 156(3) of the Code of Criminal Procedure (CrPC) for directing the investigation.
Section 156(3) of the CrPC allows a Magistrate to direct the police to investigate a cognizable offense, even if no FIR has been registered.

Relevant Legal Sections:

Indian Penal Code:
- 120B (criminal conspiracy)
- 166 (disobeying law by public servant)
- 403 (dishonest misappropriation)
- 406 (criminal breach of trust)
Prevention of Corruption Act, 1988:
- 9 (bribing a public servant)
- 13 (criminal misconduct by a public servant)

Section 17A of the Prevention of Corruption Act:

Section 17A of the Prevention of Corruption Act (PCA) protects public servants from frivolous investigations by requiring police officers to get prior approval before investigating them.
The section came into effect in 2018.
Police officers need prior approval from a competent authority before investigating a public servant.
Section 17A does not apply if a Constitutional Court orders an investigation into an offense under the PCA.

Lokayukta:

The Lokayukta is an anti-corruption authority constituted at the state level.
It investigates allegations of corruption and mal-administration against public servants and is tasked with speedy redressal of public grievances.
The origin of the Lokayukta can be traced to the Ombudsmen in Scandinavian countries.
The Administrative Reforms Commission, (1966-70), had recommended the creation of the Lokpal at the Centre and Lokayukta in the states.
The Lokayukta is a statutory authority under Lokpal and Lokayukta Act.
In most of the states, the term of office fixed for lokayukta is of 5 years or 65 years of age, whichever is earlier. He is not eligible for reappointment for a second term.
The recommendations made by the lokayukta are only advisory and not binding on the state government.