Bengaluru, Aug 22: The Karnataka Cabinet on Thursday decided to give "aid and advice" to Governor Thaawarchand Gehlot 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 Congress government's move comes within a week of the Governor granting sanction for prosecution of Chief Minister Siddaramaiah in the Mysuru Urban Development Authority (MUDA) site allotment 'scam’ on August 16.
"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 H K Patil said.
Briefing reporters after the Cabinet meeting, he said: "the advice will be sent to the Governor."
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"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 under 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 on July 29, 2024 and the 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.
Noting that the queries sought by the Governor have been responded to by the probe agencies in these cases, but still no action has been taken, the Minister said in the eyes of the public the office of the Governor should not appear to be committing wrong. "So we felt that giving this aid and advice is appropriate."
Questioned on the timing of the Cabinet's move and whether it was part of "vendetta politics", he said: "The demand from the media and public organisations is that -- let action be taken against all those who are facing charges....don't you think we should respond to the situation?"
Asked about the Cabinet's stand regarding the prosecution sanction against Siddaramaiah, Patil said the Governor has already "concluded in that case and has taken a decision, against which we have already moved to the court of law. So, I don't want to touch that."
He also said that in Siddaramaiah's case, a private person had filed a complaint, while in these four cases investigations have been done, and in two cases charge sheets have been filed.
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Nagpur (PTI): The Congress will have to face consequences if it doesn't allow NCP president and Maharashtra Deputy Chief Minister Sunetra Pawar to win the Baramati assembly bypoll unopposed, said minister Chandrashekhar Bawankule on Thursday.
The party’s “downfall” will start from Baramati, he said, stressing that the people of Baramati and Maharashtra wish that she is elected unopposed, said the BJP leader.
The April 23 bye election was necessitated after the tragic death of deputy CM Ajit Pawar, who headed the Nationalist Congress Party (NCP), in a plane crash in Baramati on January 28. After his death, his wife Sunetra became the party president.
The NCP, BJP and the Eknath Shinde-led Shiv Sena are partners in the ruling Mahayuti alliance in the state.
“The Congress will face consequences if it doesn’t let Sunetra win unopposed from Baramati. Its downfall will start from Baramati if it doesn’t withdraw its candidate,” Bawankule told reporters in Nagpur.
Amid efforts to ensure an unopposed contest, the Congress has fielded advocate Akash More for the bypoll.
The party had said that it would withdraw from the contest only if an FIR were registered in Ajit Pawar’s death in the Baramati plane crash.
Replying to another question, Bawankule said the BJP’s performance will be more robust in Assam and Kerala elections compared to the last assembly polls in these states. Assembly polls are being held in a single phase in Assam, Kerala and Puducherry on Thursday.
“These elections will once again show Prime Minister Narendra Modi’s leadership commanding support among the people,” he said.
