Karnataka High Court Allows Private Complaint Against Mallikarjun Kharge Family Trust Over ‘Illegal’ BDA Land Allotment To Proceed

In a setback to Congress President Mallikarjun Kharge’s family trust, the Karnataka High Court has allowed a private complaint alleging illegal BDA land allotment to proceed. Justice M Nagaprasanna set aside a Special Court order that had diverted the complaint to a preliminary enquiry under Section 223 BNSS due to a technical defect in the affidavit. The Court held that a curable defect in verification cannot extinguish the process before it begins, noting “The truth cannot be permitted to become a casualty at the altar of an imperfect verification clause.”

The complaint was filed by Lanchamukta Karnataka Vedike alleging irregularities in allotment of a civic amenity site at Devarachikkanahalli, BTM Layout in 2014 to Siddhartha Vihar Trust, where Kharge and family members are trustees, on a 30-year lease for a school. The petitioner had sought investigation under Section 175(3) BNSS. The High Court has now remanded the matter back to the Special Court for MPs/MLAs to permit rectification of the affidavit and proceed as per law, keeping the allegations requiring investigation alive.