Karnataka Guv letter to govt, want to know how it got 'confidential material' from Lokayukta
Bengaluru (PTI): Another letter written by Karnataka Governor Thaawarchand Gehlot to the Chief Secretary, expressing "perplexity", as to how the government came to know about the "confidential material" relating to Lokayukta's request to him seeking prosecution or investigation sanction against some opposition leaders, surfaced on Friday.
In the letter to Chief Secretary Shalini Rajneesh, the Governor also pointed out that in the August 22 Cabinet decision there is only observation with regard to pendency in according sanction in four cases, and there was no "advice" to him, as reported in the media.
The Karnataka Cabinet has decided to give "aid and advice" to the 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, the government had said on August 22.
"I have been made aware through media reports published on 23-08-2024 that the Cabinet had advised the Governor to accord sanction for investigation/prosecution proposal against H D Kumaraswamy, Murugesh Nirani, Janardhan Reddy, and Shashikala Jolle received from Lokayukta police without delay," the Governor said in a letter dated August 28.
"But, on thorough reading of the Cabinet decisions, it is further noted, that there is only observation with regard to pendency in according sanction in the above four cases along with dates of submission by Lokayukta Police to this Secretariat but there is no advice as such," he said.
Further noting that he is both "curious and perplexed" to note that how did the State Government and the Cabinet came to know about the request from Lokayukta Police along with dates of submission to the sanctioning authority and other details, the Governor asked, "how did Lokayukta Police being an independent body share confidential material with any person other than the sanctioning authority since I have seen in the media the confidential material floating around?"
"I am also curious to see the Cabinet note/materials regarding this subject based on which the Cabinet has observed and decided and which has been conveyed to me officially. Hence, I expect a prompt and early reply along with Cabinet note/supporting documents and the source of documents/ information in this regard," he added.
The August 22 Cabinet meeting and its decision that the Governor is referring to, was held within a week after him granting sanction for prosecution and investigation of Chief Minister Siddaramaiah in the Mysuru Urban Development Authority (MUDA) site allotment case on August 16.
On August 19, Siddaramaiah moved the High Court challenging the legality of the Governor's order.
The High Court on September 12 completed its hearing on Siddaramaiah's petition challenging the legality of Governor Gehlot's approval for investigation against him in the MUDA site allotment case and reserved its orders.
In the MUDA site allotment case, it is alleged that compensatory sites were allotted to Siddaramaiah's wife B M Parvathi in an upmarket area in Mysuru, which had higher property value as compared to the location of her land which had been "acquired" by the MUDA.
The MUDA had allotted plots to Parvathi under a 50:50 ratio scheme in lieu of 3.16 acres of her land, where MUDA developed a residential layout.
Under the controversial scheme, MUDA allotted 50 per cent of developed land to the land losers in lieu of undeveloped land acquired from them for forming residential layouts. Some Opposition leaders and activists have also claimed that Parvathi had no legal title over this 3.16 acres of land.
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BMW hit-and-run case: HC refuses to release accused Mihir Shah on ground of 'illegal' arrest
Mumbai (PTI): The Bombay High Court on Monday refused to release Mihir Shah, the main accused in a BMW hit-and-run case, on the ground of "illegal" arrest.
Shah, the 24-year-old son of a former Shiv Sena leader, and his driver Rajrishi Bidawat had filed petitions in the HC claiming they have been illegally detained and sought immediate release.
Shah was arrested on July 9, two days after he allegedly rammed his BMW car into a two-wheeler in Mumbai's Worli area, killing 45-year-old woman Kaveri Nakhwa and leaving her husband Pradeep injured.
His driver Bidawat, who was also present in the car at the time of the accident, was arrested on the day of the incident.
As per their pleas, the police had not informed them the grounds of their arrest at the time, which they claimed was in violation of the law.
A division bench of Justices Bharati Dangre and Manjusha Deshpande on Monday dismissed the petitions.
"Both the petitions are dismissed," the court said.
The duo sought their release, claiming any further detention would be in utter violation of the constitutional mandate and a failure to comply with Section 50 of the Code of Criminal Procedure.
Under this section, the police, while arresting a person, have to communicate to him/her full particulars of the offence for which he/she is being arrested or other grounds for such arrest.
Both Shah and Bidawat are presently in judicial custody.
In their habeas corpus (produce the person) petitions filed in the HC in August, Shah and Bidawat claimed their detention was illegal and sought that they be released immediately.
Shah, in the plea, sought quashing of the orders passed by a local court remanding him first in police custody and then judicial custody.
He also sought for his arrest to be declared as illegal.
Shah is accused of speeding off towards the Bandra Worli Sea Link after the accident, even as the woman remained on the bonnet of the car and then got entangled in its wheels, for a distance of more than 1.5 kilometres.
As per police, Shah, who fled from the scene, was under the influence of alcohol at the time.
Mihir Shah's father and former Shiv Sena leader Rajesh Shah had also been arrested in the case, but was later granted bail.
