Karnataka High Court upholds governor's sanction to prosecute CM Siddaramaiah in MUDA case
Bengaluru: The Karnataka High Court on Tuesday dismissed Chief Minister Siddaramaiah's plea challenging the Governor's sanction to prosecute him in connection with the alleged Mysuru Urban Development Authority (MUDA) scam.
Justice M. Nagaprasanna stated that the complaint required investigation and upheld the Governor’s authority to grant approval for prosecution.
The court also noted that it is the complainants' duty to seek approval under Section 17A of the Prevention of Corruption Act, and the Governor has the discretion to take an independent decision.
The Judge said, “The facts narrated in the petition need investigation,” and dismissed the plea.
The interim order from August 19, which had deferred proceedings against the CM in the trial court, was also dissolved. The court refused to stay the operation of this order, with a detailed copy of the judgment expected by 2:30 p.m.
Siddaramaiah’s plea sought to quash Governor Thaawar Chand Gehlot’s decision to sanction his prosecution in connection with a multi-crore scam involving MUDA. The CM’s legal team, led by senior advocate Abhishek Manu Singhvi, argued that the Governor’s sanction was issued without due reasoning and violated statutory mandates, including Article 163 of the Indian Constitution, which requires the Governor to act on the advice of the Council of Ministers.
On the other hand, Solicitor General Tushar Mehta, representing the Governor's office, defended the sanction, asserting that it was granted after a thorough review and that natural justice principles were not applicable at this stage of the investigation.
The petition pertained to the Governor's August 17 sanction for investigation and prosecution under Section 17A of the Prevention of Corruption Act and Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
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HC verdict: No question of CM's resignation, says Deputy CM DK Shivakumar
Bengaluru(PTI): Karnataka Deputy Chief Minister D K Shivakumar on Tuesday said there is no question of Chief Minister Siddaramaiah resigning over the High Court dismissing his petition challenging Governor Thaawarchand Gehlot's approval for investigation against him in a site allotment case.
He alleged that there was a "big conspiracy" against the Chief Minister, as he asserted that the latter has done no wrong in the issue and will come out clean.
When questioned about BJP demanding CM's resignation over the High Court's order, Shivakumar said: "There is no question, the CM has not done anything wrong. He is not involved in any scam. It is a political conspiracy by the BJP against all opposition leaders in the country, this is what is going on."
Shivakumar, who is also the state Congress President, said he and his party stand in support of the Chief Minister, who is doing a good job for the party and the state.
He was reacting to High Court on Tuesday dismissing Siddaramaiah's petition challenging Governor's approval for investigation against him in the Mysuru Urban Development Authority (MUDA) site allotment case.
"(There is a) big conspiracy against our Chief Minister, like how the BJP had hatched a big conspiracy against me by filing a case and sending me to jail. Because of God's grace I came out. The case in which I went to jail was dismissed. Similarly they have hatched a conspiracy against the Chief Minister and his family," Shivakumar said.
Speaking to reporters as he emerged from an event, where he shared the stage with Siddaramaiah here, he said: "He (Siddaramaiah) will come out clean. Let any investigation be ordered or do anything. According to me, he has done no wrong...we are with the Chief Minister."
The BJP is unable to digest the (welfare) programmes given by Siddaramaiah to the state, Shivakumar said. "There is a big conspiracy."
Asked if the court's order is a setback to the Chief Minister and the government, he said, "I need to see the order...what setback? You are saying that the court has said an investigation has to happen, I need to see."
