MUDA case: K’taka HC stays ED summons to CM's wife, Minister Byrathi Suresh

Bengaluru: The Dharwad Bench of Karnataka High Court, headed by Justice M. Nagaprasanna, on Monday stayed the summons issued by the Enforcement Directorate (ED) to Karnataka Chief Minister Siddaramaiah's wife, B.M. Parvathi, and Minister for Urban Development, Byrathi Suresh, in connection with the MUDA land scam matter.

The Bench questioned the urgency of the ED's actions, asking, "What is the tearing hurry?" while passing the order.

CM Siddaramaiah's wife, Parvathi, who has been named as the second accused in the case, was asked to appear before the ED on Tuesday (January 28).

Minister Byrathi Suresh, a close confidant of the CM, was scheduled to appear before ED officers on Monday.

Both Parvathi and Suresh had separately approached the court, seeking relief and requesting a stay on the ED summons.

The High Court granted a stay on the ED’s summons until February 10, pending the next hearing in the case.

Sandeep Chowta, counsel for CM Siddaramaiah's wife, argued that the allegations of illegal allotment of 14 sites against Parvathi did not involve monetary gain. He requested a stay on the investigation against her by the ED.

Justice Nagaprasanna questioned Additional Solicitor General (ASG) Arvind Kamat, representing the ED, asking why the agency was continuing its investigation when the matter was already being addressed in court.

ASG Kamat submitted that CM Siddaramaiah's wife is the second accused in the Mysuru Urban Development Authority (MUDA) scam and is facing charges under the Prevention of Money Laundering Act (PMLA).

The bench noted that the illegal assets in question were no longer in the possession of the accused. It emphasized that the ED's investigation should not interfere with the proceedings of the court, which has reserved its judgment in the MUDA case.

The court further questioned the ED's urgency, stating: "What is the emergency to probe the matter at this juncture? The case has been reserved for judgment. Why should the investigation by the ED proceed now?"

ASG Kamat explained that the ED had only requested the accused to appear and produce documents, and that this would not interfere with the court’s proceedings.

The bench responded that the MUDA case is based on an FIR filed by the Lokayukta and is currently reserved for judgment. The court observed: "I cannot allow this as it will frustrate the proceedings before me, especially since I have already heard the related case and reserved orders."

Previously, the High Court had also canceled the summons issued by the ED to former MUDA Commissioner D.B. Natesh.

The bench stated that the argument that the ED is merely recording statements cannot be accepted, as failure to appear could lead to arrests by the ED. Appropriate orders were issued to stay the ED’s summons.

Senior counsel C.V. Nagesh, appearing for Minister Byrathi Suresh, submitted that his client is not an accused in the MUDA case.

Despite this, the ED had issued summons directing him to appear before the agency at 11 a.m. on Monday. Nagesh requested similar protection for his client, arguing that the High Court had already canceled the summons issued to former MUDA Commissioner, Natesh.

The Enforcement Directorate issued a notice to Parvathi, who is the second accused in the Mysuru Urban Development Authority (MUDA) scam. The ED has also issued notice to the Urban Development Minister Byrathi Suresh, a close confidante of CM Siddaramaiah.

Sources said the notice was issued to Parvathi under Section 50 of the Prevention of Money Laundering (PMLA) Act.

The notice, signed by senior ED officer Murali Kannan, has asked her to be present before the ED sleuths on January 28 (Tuesday).

The sources further revealed that this was the second notice to CM’s wife Parvathi by the ED. On the first occasion, Parvathi had sought two weeks citing the reasons of ill health, age and inability to appear before the ED officers. She had also pleaded with the officers to allow her to appear before them online. However, the ED has not considered the pleas.

It was revealed that since there is a possibility of the ED initiating legal measures against CM Siddaramaiah's wife Parvathi this time, the CM’s family had approached the High Court to seek a stay on the notice by the ED.

The counsel for Parvathi had requested the High Court bench to take up the petition on an emergency basis. Considering the request, the court has agreed to take up the petition by Monday.

IANS