The Supreme Court has refused to halt criminal proceedings against Union Minister HD Kumaraswamy in a long-standing land de-notification case from his tenure as Karnataka’s Chief Minister. His plea, which sought protection under amendments to the Prevention of Corruption Act, was rejected, clearing the way for trial.
A bench of Justices Dipankar Datta and Rajesh Bindal ruled that the 2018 amendment to the Act could not be applied retroactively, dismissing Kumaraswamy’s argument that prosecution required sanction.
The case involves the 2007 de-notification of over two acres of land in Banashankari, originally acquired by the Bangalore Development Authority in 1997. Despite objections, Kumaraswamy ordered its release, leading to a private sale in 2010 for ₹4.14 crore. A complaint sparked an investigation under corruption and land transfer laws.
Kumaraswamy’s efforts to quash the case have repeatedly failed. The Karnataka High Court dismissed his plea in 2015, and the Supreme Court allowed investigations to continue in 2016. A closure report was filed in 2019 during his second term as Chief Minister, but a Special Court rejected it, ruling that the allegations warranted trial. The High Court upheld that decision, citing the gravity of the accusations.
Before the Supreme Court, Kumaraswamy’s counsel argued that the case required government sanction under the amended law, while the State countered that the amendment could not shield past actions. Siding with the prosecution, the Supreme Court dismissed Kumaraswamy’s plea, ensuring the trial will proceed.