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Karnataka High Court Halts Electoral Bond Extortion Probe Involving Nirmala Sitharaman
- Investigation into alleged electoral bond extortion case paused by Karnataka High Court, offering temporary relief to Union Minister Nirmala Sitharaman amid legal debates over the nature of extortion claims.
- In its ruling, the court emphasized that Section 286 of the Bharatiya Nyaya Sanhita (BNS), which addresses extortion, requires specific elements to be present.
The Karnataka High Court has temporarily suspended an investigation into the alleged electoral bond extortion case, providing a respite for Union Minister Nirmala Sitharaman. Justice M Nagaprasanna, presiding over a single-judge bench, issued an interim stay on the probe until the next hearing on October 22.
In its ruling, the court emphasized that Section 286 of the Bharatiya Nyaya Sanhita (BNS), which addresses extortion, requires specific elements to be present. These include a direct threat and a complaint from the affected individual. The court noted that the current case lacks evidence of a direct threat against the complainant and that the magistrate's order failed to consider the nuanced aspects of extortion as defined by law.
The case stems from allegations that central agencies, including the Enforcement Directorate (ED), coerced companies into purchasing electoral bonds by threatening ED raids. The complainant's petition asserts that this pressure amounted to extortion.
Former Karnataka BJP chief Nalin Kumar Kateel, a co-accused in the case, has filed a petition to dismiss the charges, arguing that the act of purchasing electoral bonds does not constitute extortion. However, advocate Prashant Bhushan, representing the complainant, contends that compelling companies to buy bonds under the threat of raids does indeed qualify as extortion.
This legal development occurs against a backdrop of political tension, with Congress leader Jairam Ramesh calling for Nirmala Sitharaman's resignation on moral grounds earlier on Monday. Ramesh's statement implicates Sitharaman, the ED, and other BJP leaders in the alleged scheme.
The case highlights the ongoing controversy surrounding India's electoral bond system and raises questions about the intersection of political financing and law enforcement. As the legal proceedings continue, the debate over what constitutes extortion in the context of political donations is likely to intensify, potentially impacting future interpretations of campaign finance regulations.
