Bengaluru: The Karnataka high court has ruled that it is for the legislative assembly speaker to reconsider the application seeking a sanction for the prosecution of five political figures, including union minister HD Kumaraswamy in an alleged 2019 ‘Operation Kamala’ case.Justice S Sunil Dutt Yadav cited a Supreme Court judgment in a case involving former prime minister late PV Narasimha Rao that it was necessary to obtain the sanction of the Lok Speaker or Rajya Sabha chairman for filing a chargesheet against a member of Parliament.The judge said the same logic holds good in the legislative assembly too.The case before the high court arose from a complaint filed by social activist TJ Abraham before the Anti-Corruption Bureau in 2020. He had claimed it had been reliably learnt that then Kolar MLA K Srinivas Gowda brought it to the notice of the then chief minister Kumaraswamy that he (Gowda) had received Rs 5 crore from BJP representatives –SR Vishwanath, Ashwath Narayan CN and CP Yogeshwar – for defecting to the party. Gowda informed Kumaraswamy that the money was spent, but he had to return the amount, the activist claimed. To retain Gowda back in the JD(S) fold, the then CM arranged for Rs 5 crore to be returned by Gowda, the activist had alleged.Abraham then registered a private complaint before a special court, seeking action against the accused under the provisions of the Prevention of Corruption Act and also under the IPC. The accused challenged the proceedings, and the high court set aside the order of taking cognizance due to want of sanction. The special court was also directed to obtain a sanction for the prosecution.In March, 2022, Abraham sought sanction to proceed against the five politicians.
