Requests for Kumaraswamy's prosecution: Karnataka govt to give 'advice' to governor to act

Days after Karnataka Governor Thaawarchand Gehlot gave sanction to prosecute Chief Minister Siddaramaiah in the Mysuru Urban Development Authority (MUDA) site allotment 'scam’, the state Cabinet on Thursday (August 22) decided to give "aid and advice" to governor to act on requests seeking sanction for prosecution against JD(S) leader and Union Minister H D Kumaraswamy and three former BJP Ministers including mining baron G Janardhan Reddy.

"To take decisions in the pending cases at the earliest and to smoothen the judicial process, under article 163 of the Constitution the Cabinet can give aid and advice to the Governor. Using it, the Cabinet has given its approval to give the Governor aid and advice," Law and Parliamentary Affairs Minister HK Patil said.

Briefing reporters after the Cabinet meeting, he said: "The advice will be sent to the Governor." "Out of the four cases that are pending regarding which we have given aid and advice, in two of these cases (Janardhan Reddy and Kumaraswamy) the charge sheet has been filed...," he added.

Asked whether the governor can reject the Cabinet's aid and advice, Patil said: "According to us, he is bound by our advice; his discretion is limited. I am sure he shall use his discretion very judiciously."

The governor on August 16 accorded sanction against Siddaramaiah, under Section 17A of the Prevention of Corruption Act, 1988 and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the commission of the alleged offences as mentioned in the petitions of Pradeep Kumar S P, T J Abraham and Snehamayi Krishna.

Patil said several petitions seeking his sanction for prosecution are pending before the governor, including those submitted by the investigating agencies under the Prevention of Corruption Act, 1988; in some of these cases, charge sheets have been filed.

"Sanctions have been sought under section 19 of Prevention of Corruption Act and under the provisions of criminal procedure code, which is now Bharatiya Nagarik Suraksha Sanhita (BNSS) -- section 197 and 218, also some applications are under section 17 A of the Prevention of Corruption Act," he said.

The minister said, out of these petitions, special are against – (former BJP Minister) Shashikala Jolle against whom application was submitted on December 9, 2021 by the Lokayukta police seeking prior approval under section 17 A of PC Act, and (former BJP Minister) Murugesh Nirani against whom application was submitted on February 26, 2024 for prior approval under section 17 A of PC Act.

The third is that of Kumaraswamy, against whom application was submitted on November 21, 2023, according to which approval for sanction was sought section 19 of the PC Act and provisions of BNSS, he said, adding, the Special Investigation Team (SIT) had filed a charge sheet, and the Governor had sought a clarification on the case July 29, 2024 and SIT had provided required clarification on August 16, 2024.

The fourth pertains to Reddy, against whom an application was submitted on May 13, 2024 seeking sanction under section 19 of the PC Act and provisions of BNSS, and a charge sheet has also been submitted in this case, Patil added.

(With agency inputs)