No CBI Probe Merely Because An Accused Is Sitting CM, Can't Doubt Lokayukta's Independence Without Reason: Karnataka HC In MUDA Case

Seeking reference of investigation to the CBI because one of the accused is a sitting Chief Minister "is un-acceptance” said the Karnataka High Court while dismissing Snehamayi Krishna's plea for transferring the investigation into the alleged Mysore Urban Development Authority "scam" from Lokayukta police to the CBI. On this the court said: "The echo that the reference of investigation should be made to the CBI, as one of the accused is a sitting Chief Minister, is un-acceptance, as none of the maladies illustrated by the Apex Court are present in the case at hand.” Party making allegations against police in routine manner not enough to transfer probe to CBI The court referred to several Apex court judgments wherein investigation was transferred and refused to be transferred to the hands of the CBI and said that the probe was transferred from the hands of the local Police in those facts and circumstances. In few of the cases, the Apex Court was considering the local Police themselves involved in the allegation or cases where huge ramifications would ensue.” It further emphasized that “Not one case is placed on record where the investigation from an independent body like that of Lokpal or Lokayukta is taken away midstream and transferred to the hands of the CBI.” It then said, “The maladies projected are on a blend of all judgments rendered by the Apex Court. If the past was good, the present cannot be found to be in flaw.” Lokayukta an independent agency, competent to probe allegations CM Following which it held “I hold the Lokayukta to be an independent agency, competent to investigate into the allegations against high functionaries, including the Chief Minister of the State of Karnataka.” Dismissing the petition the court said “Since the concerned Court has directed submission of final report which has been deferred by intermittent orders passed by this Court, the respondent/Lokayukta would be at liberty now to place the report before the concerned Court as directed by this Court and it is for the petitioner to avail all such remedies as are available in law.” Case Title: Snehamayi Krishna AND Union of India & Others Case No: WP 27484/2024 Citation: 2025 LiveLaw 48 Click Here To Read/Download Order