NEW DELHI, 17 DEC 

The Supreme Court has quashed an FIR registered by the Karnataka Anti-Corruption Bureau (ACB) against BJP MLA R Ashoka in a land allotment corruption case. Ashoka is a former deputy chief minister.

A bench comprising Justices Sanjay Karol and Vipul M Pancholi said the FIR shows a concerted effort on the part of the complainants to cast aspersions on the credibility of the appellant as a public personality and impute ill intention to him.

“The actions against the appellant ex-facie appear to be politically driven and thereby afflicted by malice. Even if the delay is kept aside, the prosecution of the appellant could not proceed in the eyes of the law,” the bench said.

In this case, an FIR was registered by the Karnataka ACB to probe allegations regarding illegalities in land allotments during Ashoka’s tenure as the head of the Bengaluru South Taluk Bagar Hukum Land Regularisation Committee.

A complaint was filed saying that during Ashoka’s tenure, government land meant for SCs/STs and the poor were illegally allotted to his relatives, political followers and corporation councillors.

The SC referred to Prime Minister Jawaharlal Nehru’s ‘Tryst with Destiny’ speech in which he said, “The service of India means the service of the millions who suffer. It means the ending of poverty, ignorance and disease and inequality of opportunity.”

Setting aside a Karnataka High Court order that dismissed Ashoka’s petition seeking quashing of the FIR against him, the apex court observed that proceedings were initiated against Ashoka, a public servant, without obtaining a sanction order from the state government. “It is also seen that the record is conspicuously silent on any sanction having been obtained against the appellant. Since no investigation could have begun without such a sanction, the preliminary report of the ACB, subsequent FIR and all proceedings were carried out in the face of an express bar,” the bench said.