Key Takeaways
- The Karnataka High Court quashed the criminal proceedings against Naleen Kumar Kateel, a former BJP leader, in an extortion case linked to the electoral bond scheme.
- The Supreme Court declined to interfere with the Karnataka High Court’s decision, emphasizing the absence of concrete evidence in the case.
- The case originated from a private complaint filed by Adarsh R Iyer against Kateel and other BJP leaders, accusing them of coercing corporate entities to purchase electoral bonds under the threat of government raids.
New Delhi: The Supreme Court on Monday refused to entertain an appeal challenging the
Karnataka High Court’s decision to quash criminal proceedings against former Karnataka BJP state president Naleen Kumar Kateel in an extortion case linked to the electoral bond scheme.
A bench, comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar, rejected the plea filed by Adarsh R Iyer from “Janaadhikaaara Sangharsha Parishath” against the High Court’s December 3, 2024, order.
“There are no specific allegations, and there are no materials also… we will not allow any roving inquiry,” observed the bench, emphasizing the absence of concrete evidence. The court, however, clarified that its order did not bar the filing of fresh complaints supported by substantial material.
Advocate Prashant Bhushan, representing Iyer, argued that money was allegedly extracted under the scheme using investigative agencies like the Enforcement Directorate. He contended that the High Court’s decision scuttled the criminal case prematurely.
The Karnataka High Court had ruled that the complaint lacked legal standing and failed to establish a prima facie case of extortion. It noted that the complainant was not an aggrieved party and lacked the locus standi to file the case.
“If a victim had come forward with a complaint stating that he was forced to purchase electoral bonds,
the situation would be different. However, in this case, the complainant is an outsider to the alleged transaction, “the High Court stated.
The court further criticized the trial magistrate for acting as a “rubber stamp” by referring the case for
investigation under Section 156(3) of the CrPC without verifying its merit. It held that the essential elements of extortion were not satisfied.
The case originated from Iyer’s private complaint, which accused Kateel and other BJP leaders of coercing corporate entities to purchase electoral bonds under the threat of government raids, allegedly with the involvement of the Enforcement Directorate.
The Karnataka High Court quashed the proceedings, thereby preventing further legal action against Kateel
