R. Ashoka Vs State of Karnataka & Ors. (Supreme Court of India)
No Sanction, Political Vendetta & Recycled Complaints: Supreme Court Quashes ACB FIR in Karnataka Land Allotment Case
The Supreme Court has allowed both criminal appeals and quashed FIR in Crime No. 5/2018 registered by the Anti-Corruption Bureau (ACB), Karnataka, holding that the prosecution against former Karnataka Minister R. Ashoka was vitiated by absence of mandatory sanction, malice, and abuse of process of law.
The case arose out of allegations relating to irregular allotment of government land during Ashoka’s tenure as Chairman of the Committee for Regularisation of Unauthorised Occupation (1998–2007). Notably, similar complaints filed in 2012 and 2017 had already been inquired into and closed by the Lokayukta twice, finding no substance in the allegations. Despite this, a fresh complaint in January 2018 led to a preliminary inquiry and registration of FIR by the ACB.
The Supreme Court held that:
- Mandatory prior sanction under the applicable Government Order was a pre-condition even for investigation by ACB, and in its absence, the preliminary inquiry, FIR & all subsequent proceedings were void.
- Entertaining repeated complaints on the same cause of action, after earlier clean chits by Lokayukta, amounted to abuse of criminal process.
- The long delay of nearly 11 years, coupled with the fact that all complainants were political rivals, clearly pointed towards political vendetta and malice.
- The High Court erred in refusing to quash the FIR despite the case squarely falling within the Bhajan Lal categories, particularly where there is an express legal bar and proceedings are maliciously instituted.
- Since the main FIR itself was quashed, the connected proceedings against the beneficiary of land allotment (second appeal) also could not survive.
Accordingly, the Supreme Court set aside the Karnataka High Court judgment, quashed the FIR and all consequential proceedings, and reiterated that criminal law cannot be used as a tool of harassment, especially when statutory safeguards like sanction are ignored and allegations are repetitive, stale & politically motivated.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
