Karnataka HC stays probe against Nirmala Sitharaman, others in electoral bond case

Electoral bond case: The Karnataka High Court has stayed the probe against Union Finance Minister Nirmala Sitharaman and others accused of extortion and related crimes in connection with the electoral bonds scheme.

Justice M Nagaprasanna issued the ruling in response to a petition submitted by Bharatiya Janata Party (BJP) member Nalin Kumar Kateel, who challenged the criminal complaint made against him in the incident.

Justice M. Nagaprasanna, who presided over the case, noted in his order that "Section 383 mandates that any informant who approaches the court concerned or the jurisdictional police should have been put in fear. Due to that fear, they should have delivered some property to the accused; only then can extortion be prima facie established.”

While noting that criminal laws can be initiated by anyone, the bench stated that certain articles of the IPC can only be invoked by the aggrieved. 

“If the ingredients of the case at hand are considered, who the complainant is becomes significant. The complainant is the co-president of Janadhikara Sangharsa Parishad. It is not his case that he has been put in fear to deliver any property. Therefore, if the complainant wants to press charges under Section 384 of the IPC, he must be an aggrieved informant, which he is not."

“In this case, permitting further proceedings at least until the objections have been filed would be an abuse of the process of law. Therefore, further proceedings are stayed until the next date," the bench added.