Date:11/11/2006 URL: http://www.thehindu.com/2006/11/11/stories/2006111106660500.htm

Karnataka - Bangalore

High Court stays proceedings against Reddy

Staff Reporter

BANGALORE: The Karnataka High Court on Friday stayed for three months proceedings of a lower court in Bangalore against Janardhana Reddy, suspended Bharatiya Janata Party (BJP) MLC from Bellary.

Mr. Reddy on Tuesday moved the court seeking quashing of proceedings initiated against him by the Additional City Civil and Sessions Judge, Metropolitan area, Bangalore. On August 14, the court ordered registration of a case against Mr. Reddy following a complaint by Chief Minister H.D. Kumaraswamy and Home Minister M.P. Prakash.

The complainants had said that Mr. Reddy had levelled allegations of bribery against them and made unwarranted, unfounded and baseless remarks, accusing them of collecting money from the mining sector in Bellary.

They had submitted that the statements were defamatory and derogatory in nature and cited reports published in several newspapers. They had urged the court to take cognisance.

C.V. Nagesh, who appeared for Mr. Reddy, said with complaints being lodged against his client, cases were registered against Mr. Reddy for offences under Section 500 of the Indian Penal Code.

Challenging the issue of process, he said the State had said that the charges of bribery and corruption levelled against some ministers were before a judicial commission. If the commission were to submit a report establishing the charges of bribery and corruption, then the statements made against the ministers would not be defamatory.

He said that he had moved the High Court on an earlier occasion (in another petition) seeking an inquiry by an independent agency into the issue. The mater is still pending consideration and in case the High Court accepted the petition, the charges become the subject matter of a crime and its investigation.

He urged the court to call for records from lower court and also reverse and set aside the August 14 order apart from quashing all proceedings. He said since his is the complainant, defamation proceedings cannot be initiated against him, more so by persons against whom he had levelled charges of corruption.

Justice A.C. Kabbin, in his interim order, stayed all further proceedings before the Sessions Court for three months or until the disposal of the petition, whichever is earlier.

The judge also admitted the petition and ordered issue of notice. He directed the parties - Mr. Kumaraswamy and Mr. Prakash - to file their objections, if any, within three weeks and adjourned further hearing.