In a major relief to external affairs minister S.M. Krishna, facing an FIR on illegal mining in Karnataka, the Supreme Court on Friday stayed the proceedings against him before the lokayukta court in Bengaluru as well as a direction of the state high court for continuing the investigation in the case.
A bench of Justices Altamas Kabir and Gyan Sudha Misra passed the interim stay on the appeal moved by Mr Krishna against the HC’s January 20 verdict upholding the lokayukta court’s order for registering the FIR against him in the case related to de-notifying 6,800 sq km of forest land facilitating its release for mining in 2003 when he headed the Congress government in the state.
The top court granted the stay mainly on the ground that the lokayukta court had taken cognisance in the matter on a “premature” complaint filed on the basis of the lokayukta’s findings regarding the de-notification of 11,600 sq km of land, which included 6,800 sq km of forest land also.
While granting the stay, the top court issued notice to the Karnataka government seeking its reply within two weeks.
The top court pointed out that in the lokayukta court order it had entertained the complaint of T.J. Abraham on the issue even before the lokayukta had submitted a followup report recommending any action on its findings contained in the earlier report.
Notice was also issued to Mr Abraham, who though had filed the caveat.
Though the lokayukta had submitted a second report, but it did not contain any “material“ regarding identifying the officials and other persons who dealt with the de-reservation of the forest land, the top court said.
“According to us, filing of the complaint immediately after the lokayukta (first) report by the complaint (with lokayukta court) was pre-mature. Even if the second report (of the lokayukta) is considered as a followup, it does not contain the material. In view of this, we are inclined to stay further proceedings in the lokayukta court,” the bench in its interim order observed.
The bench also recorded “strong opposition” by Mr Abraham’s counsel Prashant Bushan to the plea of Mr Krishna’s counsel K.K. Venugopal for staying the proceedings but said the complaint was “largely” filed by him on the basis of lokayukta’s first report.