On July 17, 2025, the Supreme Court stayed the Karnataka High Court’s order dated April 17, 2025, which had impleaded Union Minister and JD(S) MP HD Kumaraswamy in an ongoing contempt case. The apex court issued notice in the Special Leave Petition (SLP) filed by Kumaraswamy and kept the High Court’s order in abeyance.
The case stems from a writ petition filed by Samaj Parivartana before the Karnataka High Court. The petition alleged large-scale encroachment of government land in Kethaganahalli village, Bidadi, by Kumaraswamy and his family. It sought an inquiry into the 2011 Lokayukta's interlocutory report on the encroachment. Based on a statement by the State Advocate General promising action, the High Court had closed the matter on January 14, 2020. Later, the Lokayukta also closed the proceedings in 2021 citing jurisdictional issues.
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A special investigation team formed by the State found the allegations prima facie true. However, Kumaraswamy denied the allegations and claimed it was a political conspiracy led by the then Congress government.
"It is submitted that the aforesaid order of Lokayukta was interlocutory in nature and finally, the Lokayukta had closed the proceedings wide order dated 3.3.2021 and therefore, the order of Lokayukta does not have any independent existence and stands quashed."
Subsequently, contempt proceedings were initiated by the High Court against the authorities for failing to act on the Lokayukta’s order. Eviction notices were issued to Kumaraswamy, despite him not being a party to the original contempt case. He then approached the Supreme Court, which on March 28, 2025, allowed him to bring this issue before the High Court.
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Kumaraswamy filed an application before the High Court to clarify that he should not be issued eviction notices since he was not a party. However, the High Court impleaded him in the proceedings, prompting him to approach the Supreme Court again.
Appearing before Justices Pankaj Mithal and PB Varale, Senior Advocate Aryaman Sundaram submitted:
"High Court now makes me a respondent. See the rules of contempt — there are only two parties: the petitioner and the accused. I have been made accused again."
Advocate Prashant Bhushan, representing Samaj Parivartana, argued that the Supreme Court had only permitted Kumaraswamy to approach the High Court. However, Justice Mithal clarified:
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"We permitted the petitioner to bring it to the notice of the High Court that the petitioner has been deleted from the contempt proceedings."
Justice Mithal further questioned the basis for continuing contempt proceedings when the Lokayukta’s order had already been withdrawn.
"How are you maintaining the contempt proceedings?… The Advocate General makes a statement and on that basis, the High Court passed an order. That order of the Lokayukta ceased to exist and the matter has been closed."
The Supreme Court, in its order, noted:
"In the meanwhile, the effect and operation of impugned order dated 17 April 2025 shall remain in abeyance."
The Court has issued notice and sought a response within four weeks.
Case Title: H.D. Kumaraswamy vs Samaj Parivartana Samudaya SPS
SLP(C) No.: 14420/2025
Appearances:
For Kumaraswamy: Sr. Adv. C.A. Sundaram, assisted by Balaji Srinivasan (AoR) and Nishanth A.V.
For Samaj Parivartana: Sr. Adv. Prashant Bhushan