The Karnataka high court on Monday ordered a trial court to refrain from taking any action against chief minister Siddaramaiah until August 29, two days after state governor Thawar Chand Gehlot sanctioned prosecution against him in the alleged Mysuru Urban Development Authority (MUDA) scam. Siddaramaiah had approached the high court challenging the prosecution sanction, arguing that the decision was “illegal and without the authority of law” and could potentially result in the “political destabilisation” of an elected government.
The allegations against Siddaramaiah stem from allegations from social activists Pradeepkumar SP, TJ Abraham and Snehamayi Krishna who claimed irregularities in the allotment of plots of land to the chief minister’s wife Parvathi by the urban authority in 2017.
The charges centre around 14 plots in Vijaynagar area in Mysuru, ostensibly given as part of a “50:50” scheme that entailed allotting developed land to those who lose undeveloped acquired land. Critics claim that the property value of the allotted land was significantly higher than that of the land MUDA acquired from Siddaramaiah’s wife; charges he has vehemently denied. To be sure, the state government has set up a single-member inquiry commission led by former high court justice PN Desai to investigate the allegations on July 14.
After Gehlot gave prosecution sanction on August 17, a petition filed by Abraham and Krishna was meant to be heard by a special court of public representatives on Tuesday.
{{/usCountry}}After Gehlot gave prosecution sanction on August 17, a petition filed by Abraham and Krishna was meant to be heard by a special court of public representatives on Tuesday.
{{/usCountry}}In its order on Monday, however, a Karnataka high court bench helmed by justice M Nagaprasanna said, “It was argued that the proceedings before the trial court are up for orders on whether a sanction should be granted to prosecute the Chief Minister. Any order permitting action to proceed further against the Chief Minister, would frustrate the proceedings before this court. Since the proceedings are pending before this court, the trial court shall defer its proceedings till the next date of hearing. There shall be no precipitative action qua these complaints.” The order will stay in force till August 29, when the High Court will next hear the case.
In his petition, argued before the court by senior advocate Abhishek Manu Singhvi, Siddaramaiah said that the prosecution sanction was issued “without due application of mind”, violated statutory mandates and ignored constitutional principles such as acting on the advice of the council of ministers. “You do not need any provision of the Constitution to destabilize the government’s milords if a sanction is given like this,” Singhvi said in court.
Singhvi also told the court that the governor had failed to enumerate reasons for the grant of sanction. “You have an elected government; the elected government has the mandate of the people. Anybody on the street comes with a complaint. That complaint is made decades and decades after an incident. A friendly Governor gives sanction,” Singhvi said.
He pointed out that the complaint brought against Siddaramaiah was acted upon immediately, while other pending complaints with completed investigations were ignored. “He (the Governor) selectively plucked out this complaint. He said he was not bound by the sanction of the cabinet. I have not even received the complaints yet, which have become part of the governor’s order,” he argued.
Solicitor general Tushar Mehta, who represented Gehlot, however argued that in cases involving the chief minister, the governor can act independently of the cabinet’s advice if there is a reasonable suspicion of bias. He said that the governor’s order was reasonable, made by a constitutional authority, and must not be interfered with.
The allegations against Siddaramaiah have snowballed into a raging political controversy in Karnataka, with the chief minister insisting that he had “done nothing wrong” and that the allegations were a political conspiracy. “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...I am fully confident of getting relief in the court,” Siddaramaiah said.
“BJP, JDS and the central government have conspired against me using the Raj Bhavan...The reason for the fear of the opposition is that I am in favour of the poor. The successful implementation of guarantee schemes is troubling them,” he said.
Workers of both the BJP and the Congress took to the streets in Karnataka on Monday — the former asking for the chief minister’s resignation, and the latter raising slogans against the governor. The BJP state chief BY Vijayendra and leader of opposition in the assembly R Ashoka held a protest near Mahatma Gandhi’s statue in the Vidhana Soudha.
“This Congress government is for the corrupt, by the corrupt, and of the corrupt,” said Vijayendra.
The Congress meanwhile held foot-marches and rallies in district headquarters including in Bengaluru, Udupi, Mangaluru and Mysuru. Deputy chief minister DK Shivakumar, who is also the state Congress chief, led a march in Bengaluru which included several ministers of the state cabinet. “We have confidence that the court would deliver justice,” he said.
(With agency inputs)