Madal Virupakshappa Bribery Case: Sri Ram Sene's Plea Seeking Transfer Of Probe To CBI/ SIT Withdrawn From Karnataka High Court

The Karnataka High Court on Tuesday permitted Sri Ram Sene to withdraw its PIL seeking transfer of investigation in the alleged bribery cases involving Bharatiya Janata Party (BJP) leader Madal Virupakshappa and his son, to a Special Investigation team or Central Bureau of Investigation.

A division bench of Chief Justice Prasanna B Varale and Justice M G S Kamal allowed their counsel's request to withdraw the PIL with liberty to submit proper representations to competent authority of the State government. It said,

“The Counsel submits that such representation would be filed as expeditiously as possible. Accordingly, accepting the statement of the counsel for the petitioner, leave is granted and PIL is allowed to be withdrawn with liberty as prayed for. In case such representations are filed before the competent authorities of the state government, the competent authority to decide these representations as expeditiously as possible.”

Advocate Nagendra Naik R appearing for Sri Ram Sene had contended that transfer of investigation is sought to boost the confidence of citizens of the country in justice dispensing system and for fair and transparent investigation.

The petitioner-trust represented by Manikanta, President of Davanagere District of Srirama Sene, had claimed that having regard to the volume of cash allegedly seized from Virupakshappa's possession (over 8 crore), the case needs to be investigated in the supervision of the High Court.

“There are several complaints and allegations made against the State Government and it is sufficient. The ruling government has claimed that there is no proof for such allegations. Now the thread of allegation is in the public domain which requires a detailed and impartial investigation,” it was said.

Stating that the President of the Contractor Association has lodged a complaint to the Prime Minister alleging that the present Government is involved in Commission business of 40% of each tender work, the plea said “The series of allegations made against the Government regarding corruption read with the cash seized in the present case has shaken the confidence of the people of the State in the fair and proper investigation under the supervision of the present Government.”

Seeking transfer of investigation it was pleaded “The allegation of bribery has injured the entire state, which is to be investigated by the impartial agency. The continuation of the investigation by the same Government which is facing the allegation will not inspire confidence in the mind of the General Public.”

Further it was said “The State of Karnataka is one of the well developed state in the Indian Union. The fact that it had Good Administration, the companies all over the Globe have started their operations in Bengaluru which has resulted in creation of employment for the younger generation. Due to the continuation allegation of bribery against the present Government and suicide of several contractors, the credibility of the State is at stake in National and International portal.”

It was also claimed that the change of Investigating Officers (probing the case) creates suspicion in the mind of the General Public about the fairness of the Investigation under the supervision of the present Government. Thus it had prayed for a direction to Constitute a Special Investigation Team (SIT) and conduct the investigation under the supervision of the High Court. Alternatively, to transfer the investigation to CBI.

The High Court had on Monday dismissed the anticipatory bail application filed by Virupakshappa and following the order the Karnataka Lokayukta Police arrested him.

Case Title: Sriram Sene And State of Karnataka

Case No: WP 6479/2023

Date of Order: 28-03-2023

Appearance: Advocate Nagendra Naik R for petitioner.