4 weeks ago
In an interim relief, Karnataka Chief Minister Siddaramaiah will not face action until the trial court hears the case related to Governor Thawarchand Gehlot’s sanction for his prosecution in the Mysuru Urban Development Authority (MUDA) land scam case.
Justice Hemant Chandangoudar’s single-judge HC bench observed: “Since the matter is heard by this court and pleadings are to be completed… till the next date of hearing, the concerned court (the trial court) should defer its proceedings."
Siddaramaiah was represented by senior advocate Abhishek Singhvi, who urged the court to prevent “any precipitate action" and argued that the Governor’s sanction was “part of a concerted effort to destabilise the duly elected government of Karnataka".
THE COMPLAINT & COUNTER
Three complainants — T.J. Abraham, Snehamayi Krishna and Pradeep Kumar, all anti-corruption activists — approached the Governor in July, alleging corruption in the 2004 acquisition of 3.16 acres in Kesare village, Mysuru, by Siddaramaiah’s brother-in-law, B.M. Mallikarjun. In 2010, Mallikarjun gifted the land to Siddaramaiah’s wife, Parvathi B.M. It is alleged that this land was illegally taken over by MUDA. In 2021, under the Bharatiya Janata Party (BJP) rule in Karnataka, she was compensated with plots totalling 38,283 sq. ft. in Vijayanagara area, a prime locality in Mysuru.
Siddaramaiah filed a writ petition in the Karnataka High Court (HC) challenging the sanction order issued by Gehlot, which permits his prosecution and investigation into alleged irregularities in the allotment of alternative sites to his wife by MUDA.
As a law-abiding citizen with faith in the Constitution and the judiciary's power to uphold justice and fairness, I approached the Hon'ble High Court of Karnataka against the illegal and politically motivated decision of the Governor of Karnataka to permit an inquiry and…— Siddaramaiah (@siddaramaiah) August 19, 2024
QUESTIONS OVER GOVERNOR’S NOD
Singhvi stated that the Governor had “picked this particular complaint [filed by Abraham]…out of 12-15 other pending complaints without any reason". He argued that the conditions required for the application of Section 17 of the Prevention of Corruption Act, under which the Chief Minister has been charged, were not met.
In a 47-page petition, the Chief Minister sought to quash the Governor’s permission for prosecution, granted under the Prevention of Corruption Act, 1988, based on Abraham’s complaint. The sanction granted prior approval under Section 17A of the Prevention of Corruption Act, 1988, and Section 218 of the Bharatiya Nyaya Suraksha Sanhita, 2023.
The court noted that, as asserted in the writ petition, the sanction granted by the Governor was done at “breakneck" speed following the filing of a complaint by Abraham on July 26. It also observed that the documents submitted by Siddaramaiah made serial references indicating that the order (granting sanction to prosecute) reflected non-application of mind (by the Governor).
Singhvi highlighted errors in the show-cause notice sent to Siddaramaiah, which referred to one complaint, while the Governor’s sanction referred to “other complaints", indicating a mismatch.
Singhvi argued that the Governor acted with legal malice. He pointed out: “Mr. Abraham’s complaint was received, and on the same day, the Governor issued the show-cause notice. Legal malice must be inferred when someone goes to a ‘friendly governor’, submits a complaint, and a notice is promptly issued."
Describing the sanction as “legally unsustainable, procedurally flawed, and motivated by extraneous considerations," Siddaramaiah requested the quashing of the order issued by the Governor on August 16.
Labeling the Governor’s sanction as “political vendetta and misuse of the Governor’s office", the petition further asserts that the order was issued “in haste and without proper consideration of material facts, the law, and the constitutional mandates governing such actions."
The petition contended that the sanction order is “tainted with malafides and is part of a concerted effort to destabilise the duly elected government of Karnataka for political reasons".
POLITICAL WAR OF WORDS
The BJP has accused Siddaramaiah of influencing officials to secure compensation in a prime property area, arguing that the market value of the plots was much higher than the original land value in Kesare. Siddaramaiah countered these claims by stating that his wife was entitled to compensation and that he ensured no decisions were made on this issue during his tenure as Chief Minister.
In response to the Congress’s firm stand that Siddaramaiah will not step down on these “unfounded charges", the BJP began to put pressure by leading a week-long padayatra on August 3 from Bengaluru to Mysuru, demanding the CM’s resignation on moral grounds.
The Congress countered by holding Janandolana meetings and public rallies along the Bengaluru-Mysuru highway, opposing the BJP-JD(S) leaders’ demands for his resignation.
“I have done nothing wrong. I am fully confident of getting relief from the courts. My conscience is clear; I have done nothing wrong. I have been a minister for 40 years, and there is not a single black spot in my political life during this period. I am engaged in the service of people with their blessings. My political life is like an open book. The people of the state also know that I have not done anything wrong, and the courts will too," Siddaramaiah said, just before the case came up for hearing in the High Court.
There is no case against me, and the Governor's decision is unconstitutional. We will challenge this illegal sanction in the court of law. From the very day the complaint was filed against me, a show-cause notice was issued. This move by the Governor was anticipated.… pic.twitter.com/n58cqizL2k— Siddaramaiah (@siddaramaiah) August 17, 2024
Regarding the BJP and JD(S)’s demand for his resignation, Siddaramaiah called it a conspiracy by the opposition BJP, JD(S), and the central government using the Raj Bhavan. “They have resorted to such an act to smear me with malice. The BJP is protesting with malicious intent, and we will face this politically. We will take a legal and political fight against this conspiracy. Political struggles have been done continuously, and I will fight with more spirit. They are living in an illusion that I can be politically finished," he said.
Meanwhile, senior Congress ministers and leaders K.J. George, G.C. Chandrashekhar, and Ramesh Babu individually wrote to President Droupadi Murmu, urging her immediate intervention to direct the withdrawal of the prosecution sanction against the Chief Minister.
Calling it a “grave injustice and a politically motivated act by Gehlot, which threatens the very essence of our democracy and the constitutional values upon which our great nation is built", Babu stated in the letter that it was a direct attack on the elected government of Karnataka. “It is a calculated conspiracy to destabilise a government that has received the mandate of the people of Karnataka," he added.
Karnataka BJP leaders also protested in front of Vidhan Soudha, in their continued campaign seeking the resignation of the Chief Minister. “Today we are demanding the resignation of CM Siddaramaiah. He has looted the poor people; that’s why we are protesting against him and the entire Congress government… This government is an ATM for the Congress high command," Karnataka Assembly Leader of Opposition R. Ashok said.
BJP leader C.T. Ravi stated that the BJP is protesting against the Karnataka government and Siddaramaiah. “There are allegations of corruption against Siddaramaiah. The MUDA scam has happened; everyone knows about it… The Governor has given an order according to the Constitution of India. We are here to remind Congress of what they said when they were in opposition. The position of Governor is a constitutional position. So, protesting against his order is wrong," the BJP leader said.
