Siddaramaiah plea on MUDA scam: HC says 'Governor can act on his own'
After considering arguments from both sides, the judge adjourned the hearing on Siddaramaiah's plea challenging governor's prosecution order to August 31
The petition challenging the Karnataka governor Thawar Chand Gehlot's sanction for a probe against Chief Minister Siddaramaiah in connection with the MUDA land allocation controversy was heard in the Karnataka high court on Thursday (August 29).
After considering arguments from both sides, the judge has adjourned the hearing to August 31.
During the proceedings before the single-judge bench led by Justice M Nagaprasanna, senior counsel Abhishek Manu Singhvi argued extensively on behalf of Chief Minister Siddaramaiah.
Singhvi contended that "the judiciary can review the prosecution sanction given by the governor against the CM. Two judgments on this matter have already been issued. The governor did not exercise discretion but is not bound by the cabinet decision."
Governor can act on his own
The judge pointed out that governor Thawar Chand Gehlot can be acting on his own initiative, 'as an independent decision' regarding the sanction to prosecute Chief Minister Siddaramaiah in the alleged MUDA scam, in which case he is not subject to the will of the cabinet.
"The governor is not bound by the cabinet decision. It is the governor’s independent decision to decide on the matter against the CM. In other cases, the governor must consider the cabinet's advice, but in this case, there was no need to consider the advice," said the judge while hearing the petition.
Siddaramaiah has contended that the governor's move is illegal since he cannot act without the sanction of the state cabinet.
No sanctions earlier
However, Singhvi explained that "it is incorrect to permit an investigation solely on the grounds that the governor is not bound by the cabinet decision."
He added, "These cases are from 2004-05. Complaints were filed 10-15 years after the incidents. This alone is sufficient to dismiss the petition. Applying current law to events from 10-15 years ago is improper. In several cases, even after an investigation and chargesheets were filed, prosecution sanctions were not granted. For instance, no sanction was granted for former CM HD Kumaraswamy, former minister Murugesh Nirani, or Shashikala Jolle cases."
"The governor hasn't applied his mind or dealt with a single point," Singhvi said, going through the procedure to prove his point.
Next hearing
The judges have postponed the next hearing to Saturday (August 31) at 10.30am.
An interim stay order has also been extended, giving Chief Minister Siddaramaiah an additional two days of relief.
Private complaints alleging irregularities in land allocation were filed by TJ Abraham, Snehamayi Krishna, and Pradeep.
There have been allegations that the allocation of compensatory land parcels by Mysuru Urban Development Authority (MUDA) to BM Parvathi, Siddaramaiah's wife far exceeds the value of the land given in exchange.
Activists have alleged that the 14 premium sites in Mysuru allotted to Siddaramaiah's wife as compensation for acquired land was illegal and led to a loss of ₹ 45 crore to the exchequer.
Based on these complaints, governor Thawar Chand Gehlot granted permission for a probe against Siddaramaiah, asserting that it was necessary. However, Siddaramaiah challenged this decision in the high court, arguing that the governor’s sanction, disregarding the cabinet’s advice and given under Section 17(1) and Section 128 of the Indian Penal Code, was unconstitutional and unlawful.
