The Karnataka High Court has issued an interim stay order on the FIR filed by police against Union Finance Minister Niramala Sitaraman, BJP State President B.Y. Vijayendra, former State President Nalin Kumar Kateel, ED officials and others.
The single division bench headed by Justice M. Nagaprasanna passed the order on Monday while looking into the petition filed by former BJP State President Nalin Kumar Kateel and adjourned the hearing of the matter till October 22.
Senior counsel K. Raghavan appearing for BJP leader Kateel submitted that the allegations made in the FIR do not come anywhere near the definitions of extortion. He stated that even the Enforcement Directorate (ED) is made as an accused in the case.
Senior counsel Prashant Bhushan appeared for the complainant Adarsh Iyer stated that by creating fear of the ED, funds were collected for a political party. This is nothing but extortion, he argued.
The bench observed that extortion involves threatening and making money. Those who were extorted will have to file a complaint before the police. However, the complainant has not stated that he was extorted.
Besides, Karnataka BJP is planning to file a petition before the High Court seeking quashing of the FIR against Union Finance Minister Nirmala Sitharaman, state BJP President B.Y. Vijayendra and others, sources confirmed on Monday.
The petition will be filed before the High Court by Wednesday (October 2).
The FIR was registered at the Tilak Nagar police station following an order from the Bengaluru Special Court for Public Representatives.
Chief Minister Siddaramaiah against whom an FIR has been registered with the Karnataka Lokayukta, has demanded the resignation of FM Nirmala Sitharaman while the BJP is vehemently demanding the ouster of Siddaramaiah following the lodging of the FIR.
On Saturday, the Karnataka Police registered an FIR against FM Sitharaman in connection with allegations of 'extortion' through electoral bonds.
The Tilak Nagar police in Bengaluru filed the FIR as per the directions of the Special Court of MLAs/MPs.
FM Sitharaman has been named as the prime accused in the case.
The officials of the ED have been named as the second accused while the office bearers of the Central BJP office have been named as the third accused; former Karnataka BJP MP Nalin Kumar Kateel is the fourth accused and state BJP chief Vijayendra is the fifth accused in the case. The state BJP office bearers are named as the sixth accused.
The police have booked the FIR under IPC Sections 384 (extortion), 120B (criminal conspiracy) and 34 (acts done by several persons in furtherance of common intention).
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