Bangalore: The Lokayukta, has dropped the bribery case against the former chief minister HD Kumaraswamy  for “lack of evidence”

The case pertains to an alleged attempt to bribe members of the legislative assembly to vote for a specific candidate in polls to elect members of the legislative council.

“There were no substantiating facts on the charges that could attract provisions of prevention of corruption act. There was no specific demand or acceptance. Facts on who demanded bribe or who paid bribe or the bribe amount couldn’t be substantiated” say the remarks in the preliminary enquiry findings.

A legal opinion was also sought on the preliminary inquiry findings. The findings were submitted last week to the Lokayukta.

The case was based on a 35-minute audio clip, which became public in July. It had a conversation between an MLC aspirant from Bijapur, Vijugowda Patil and Kumaraswamy. During the course of it, Kumaraswamy states that each MLA from his party, the JD(S), would want Rs 1 crore to support any candidate in MLC polls.

The complaint was lodged with the Lokayukta in August and a preliminary enquiry was launched. H D Kumaraswamy was examined and the authenticity of the audio CD was tested.  HDK said he was explaining the political scenario to his partymen when the the tape was recorded. He denied any actual demand, acceptance or any type of transaction of the nature alleged.

Jurisprudence demands that for any criminal corruption case to stick ,  mere passing of the money will not determine the charge. The essential ingredient to constitute criminal misconduct under the Prevention of Corruption Act is demand, acceptance to show official favour and also recovery of money.