Bengaluru: Karnataka chief minister Siddaramaiah’s plea against Governor Thaawar Chand Gehlot’s sanction to prosecute him in the alleged Mysore Urban Development Authority (MUDA) scam was dismissed by the Karnataka high court on Tuesday (September 24).
A single-judge bench of Justice M. Nagaprasanna stated that the complainants were justified in seeking approval from the governor and that investigation is necessary.
“The facts narrated in the petition need investigation. The petition stands dismissed,” Justice Nagaprasanna was quoted as saying by Live Law.
Siddaramaiah’s petition challenged Gehlot’s order on August 17, which granted approval for investigation under Section 17A of the Prevention of Corruption Act and prosecution under Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Section 17A allows for inquiry or investigation into offenses related to decisions made by public servants in their official capacity.
“The decision of the governor of alleged hot haste has not vitiated the order, the order is restrictive to approval under Section 17A of the Act and not an order granting sanction under 218 of BNSS,” the court mentioned in its order, as per Live Law.
The case pertains to a complaint filed by activist T.J. Abraham seeking sanction for prosecution against Siddaramaiah on July 26. The government responded to the complaint, but the governor issued a notice shortly after receiving a report from the chief secretary on the same day.
On August 19, the high court directed the trial court to postpone proceedings against Siddaramaiah until the high court’s next hearing.
Siddaramaiah’s counsel, Abhishek Manu Singhvi, argued that the governor’s sanction order lacked reasoning for his presumed guilt and that the governor’s discretionary power was limited.
Siddaramaiah emphasised that the governor’s decision seemed to be based solely on the fact that he, as chief minister, was involved, rather than providing concrete evidence of his complicity.
However, solicitor general Tushar Mehta countered that the governor’s sanction was granted after careful consideration.
The court’s decision paves the way for the investigation and potential prosecution of Siddaramaiah under the Prevention of Corruption Act.
The chief minister is facing heat from the Bharatiya Janata Party (BJP), which claims that his wife Parvati gained undue advantages from MUDA’s actions. The saffron party alleges that MUDA’s encroachment on Parvati’s land to develop layouts was followed by suspicious transactions, including a questionable land purchase by her brother and the allocation of compensatory sites by MUDA in exchange for the land, which they claim was done irregularly.