K'taka govt. to give aid, advice to Guv to act on requests for prosecution of Kumaraswamy, 3 others
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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Constitution powerful tool to protect poorest section of society: Rahul Gandhi
New Delhi (PTI): The Congress on Tuesday urged citizens to protect the ethos of the Constitution and said the struggle to defend India's inherent philosophy must be reinvigorated and reignited in the 75th year of its adoption.
Leader of Opposition in the Lok Sabha Rahul Gandhi said the Constitution is a powerful tool to protect the poorest and weakest sections of society, and the stronger it is, the stronger the country will be.
In a swipe at the BJP, the opposition party also asserted that at a time when those out to destroy the Constitution are showing insincere commitment towards it, "our duty to protect it and fight for its true values becomes all the more relevant".
Congress president Mallikarjun Kharge said the people of India should come together to protect each and every thought expressed in the Constitution.
"The 75th year of the adoption of the Constitution has begun today. I extend my warmest wishes to all Indians on this historic occasion," the Congress president said in a post on X.
"The Constitution of India, painstakingly and carefully drafted by our foremothers and forefathers is the lifeblood of our nation. It guarantees us social, economic and political rights. It constitutes India into a sovereign socialist democratic republic," he said.
Justice, liberty, equality and fraternity are not just ideals or ideas, they are the way of life for 140 crore Indians, Kharge asserted.
"Today, we recall the tremendous contribution of the Constituent Assembly and its prolific members. We are forever indebted to their vision and wisdom," he said.
Kharge said Pandit Jawaharlal Nehru, Babasaheb Dr BR Ambedkar, Sardar Vallabhbhai Patel, Maulana Abul Kalam Azad, Dr Rajendra Prasad, KM Munshi, Sarojini Naidu, Alladi Krishnaswamy Ayyar, Rajkumari Amrit Kaur and several eminent personalities were not just revered national icons but inspiring personalities who became the torchbearers of hope for generations together.
No mention of the Constituent Assembly should be complete without recalling the contribution of the 15 women members who provided equally important inputs for an inclusive India, the Congress president said.
"We must also not forget that the Constituent Assembly received uncountable suggestions from ordinary citizens which are a matter of record," he said.
The Objectives Resolution moved by Nehru and Ambedkar's momentous last speech to the Constituent Assembly form the Magna Carta in protecting the tenets of the Constitution, he said.
"We, the patriotic citizens of India, now have the onerous task of protecting the ethos of the Constitution," Kharge said.
"We, the people of India, should, therefore, come together to protect each and every thought expressed in the Constitution," he said.
In the 75th year of the Constitution's adoption, the struggle to defend India's inherent philosophy must be reinvigorated and reignited, just like the era of the national movement, the Congress president said.
Former Congress chief Rahul Gandhi said, "Heartiest greetings to all of you on Constitution Day. The basic spirit of our Constitution is that justice and rights should be equal for all. Everyone should get an opportunity to live with self-respect."
"The Constitution is a powerful tool to protect the poorest and weakest sections of society. The stronger it is, the stronger our country will be," he said.
"On this day, I salute the fighters, martyrs and every member of the Constituent Assembly who protected the idea of the Constitution and reiterate my resolve to protect it," Gandhi said.
Congress general secretary Priyanka Gandhi Vadra said that freedom fighters and great people together created a Constitution that ensured freedom, equality, fraternity and justice for crores of Indians.
"Our Constitution is the protective shield of crores of Indians which gives them every kind of rights. Happy Constitution Day to all the people of the country," she said.
"Salute to the great ancestors, martyrs, revolutionaries and every member of the Constituent Assembly. This democracy and Constitution, obtained from their tireless hard work and sacrifices, is our pride. Come, let us pledge that we will protect it in every situation," Priyanka Gandhi said in her post in Hindi on X.
Congress general secretary in-charge organisation K C Venugopal said India marks an important landmark as it celebrates the 75th Constitution Day today, a day when Ambedkar's revolutionary text was adopted by the Constituent Assembly.
The Constitution of India is not merely a document, it is India's soul and history of millennia in motion, he said in a post on X.
"A living document that gives hope to 140 crore Indians, the Constitution is what keeps the ideals of justice, equality, inclusivity and democracy alive in India," Venugopal said.
"At a time when those out to destroy the Constitution are showing insincere commitment towards it, our duty to protect it and fight for its true values becomes all the more relevant," Venugopal said.
Congress general secretary in-charge communications Jairam Ramesh recalled two books on the 75th anniversary of the adoption of the Constitution of India by the Constituent Assembly.
Many books have been, and continue to be written on the making of the Constitution. But two have become evergreen classics, he said.
"Granville Austin's scholarly 'The Indian Constitution: Cornerstone of a Nation' first appeared in 1966. He had got unprecedented access to the private collections of a number of key personalities, especially Dr. Rajendra Prasad and K.M. Munshi. He had also interviewed many members of the Constituent Assembly," Ramesh said.
B Shiva Rao's magisterial four-volume "The Framing of the Indian Constitution" was published in 1968, he noted. It has a very poignant letter from Nehru to Shiva Rao on writing a foreword sent just three days before the then prime minister passed away, Ramesh recalled.
Incidentally, Shiva Rao's almost now-forgotten brother Benegal Narsing Rau was a pivotal player in the making of the Constitution, he said.
