Bengaluru:
The Karnataka High Court has dismissed Chief Minister Siddaramaiah‘s petition challenging Governor Thawar Chand Gehlot‘s decision to sanction prosecution of the Congress leader in the alleged MUDA land scam case. A bench of Justice M Nagaprasanna said the Governor “did apply his mind in abundance” and could, therefore, take an “independent decision” on calling for the prosecution.
“The order (by the Governor) does not suffer from non-application of mind… There is no fault in the Governor’s actions. The facts narrated need investigation. The petition stands dismissed.”
The court also dismissed a plea by senior advocate Abhishek Singhvi, appearing for the Chief Minister, to stay its order for two weeks. The judge said he could not stay his own order.
Mr Siddaramaiah had argued the order sanctioning his prosecution is illegal since the Governor could not make such a recommendation without the state Cabinet’s approval. Appearing for the Chief Minister, senior advocate Abhishek Singhvi had argued the Governor “hasn’t applied his mind”.
As such, Mr Singhvi argued, the sanction to prosecute is “fully reviewable”.
“You are negating the mandate of the people… With no inputs taken from me (referring to the state government) by the Governor… this order is judicially reviewable,” he told the High Court.
The court, though, suggested the Governor’s sanction could be viewed as an “independent decision”, and that Mr Gehlot, in such a case, “need not fall back on ministers’ advice”.
The Governor’s decision to greenlight prosecution of Chief Minister Siddaramaiah triggered a furious political spat in the southern state, with the Congress veteran accusing Mr Gehlot of acting as a representative of the Bharatiya Janata Party-led central government rather than the President.
Governor Gehlot’s clearance to prosecute the Chief Minister came on August 17.
Governor’s ‘Prosecute’ Nod Is “Illegal”
Siddaramaiah, who has also urged the Governor to not “pick and choose” in permitting prosecution, had earlier argued Mr Gehlot’s decision is “in violation of the principles of natural justice”.
In his strongly-worded petition he further warned the court that “in the absence of interim relief… there is a grave and imminent risk of irreparable harm (to his) reputation”.
Allowing the Governor’s sanction to stand would also lead to “severe prejudice… disrupt governance and potentially result in political destabilisation”, the Chief Minister argued.
“Such harm, if inflicted, cannot be adequately remedied at a later stage.”
“Never Misused Power…”
Last month the Chief Minister told reporters he had not done anything illegal in a political career spanning four decades, and expressed confidence the judiciary would come to his aid.
The senior Congress leader declared he had been a Chief Minister and a Minister over the course of his career and had “never misused power for personal gains”.
MUDA Land Scam Case Explained
The alleged MUDA scam focuses on the value of land allotted to the Chief Minister’s wife, Parvathi, in an upmarket area of Mysuru as compensation for land elsewhere taken for infra development.
Critics allege the value of land allotted grossly – by ₹ 4,000 to ₹ 5,000 crore – exceeds that taken.
Specifically, in a complaint filed by an activist, TJ Abraham, that named the Chief Minister, his wife and son, and senior MUDA officials, it was alleged that allotment of 14 alternative sites in a Mysuru neighbourhood was illegal and caused a loss of ₹ 45 crore.
