In a significant legal development, a Bengaluru court has ordered the registration of a First Information Report (FIR) against Union Finance Minister Nirmala Sitharaman and others, following allegations of extortion through the recently scrapped electoral bonds scheme.
The order came from the Special Court for People’s Representatives in response to a complaint filed by Adarsh Iyer of the Janaadhikara Sangharsha Sanghatane.
Why did Nirmala Sitharaman land in legal trouble?
This legal action follows the Supreme Court’s February 2024 decision to strike down the electoral bonds scheme, deeming it “unconstitutional” and in violation of citizens’ right to information. The scheme, introduced by the Centre in 2018, was originally intended to enhance transparency in political funding by replacing cash donations to political parties.
Here’s what Karnataka CM Siddaramaiah said:
Karnataka Chief Minister Siddaramaiah has responded to the case by calling for Sitharaman’s resignation. He stated, “An FIR has been registered against Nirmala Sitharaman in the Special Court for People’s Representatives. Who is she? She is a Union Minister, and there is an FIR against her too. They were involved in extortion through electoral bonds and the FIR has been registered on that. She should tender her resignation after the FIR has been registered.”
Further, he elaborated on the legal process, saying, “Now, as per Section 17A (of the Prevention of Corruption Act), the investigation must be completed and a report should be submitted within three months. Based on that, they have registered the FIR and are investigating further.”
What is Section 17A of IPC?
Section 17A of the Prevention of Corruption Act provides additional protection for public servants against frivolous investigations. It requires police officers to obtain prior approval from a competent authority before conducting any enquiry or investigation into alleged offences by public servants under the Act.
The CM also drew parallels to his legal situation, stating, “In my case, the lower court has passed an order. The Governor has asked for an enquiry under Section 17A, and the court has directed that the investigation be completed and a report should be submitted within three months.”
A demand for resignation
Expanding his criticism, the chief minister called for the resignation of other political figures, including JD(S) leader and Union Minister HD Kumaraswamy, and even Prime Minister Narendra Modi.
“First, let Kumaraswamy resign. Shouldn’t he tender his resignation too? Let them resign first. Even PM (Narendra) Modi should resign. In the election bond extortion case, PM Modi should also tender his resignation,” he asserted.
This case highlights the ongoing political and legal controversies surrounding the electoral bonds scheme and broader issues of political funding in India. As the investigation unfolds, it is likely to have significant implications for political accountability and transparency in the country’s democratic processes.
