Karnataka governor grants sanction to prosecute Siddaramaiah in MUDA case

By, Bengaluru
Updated on: Aug 18, 2024 05:06 am IST

The allegations centre on claims that MUDA in 2021 allocated sites to the chief minister’s wife in exchange for land acquired from her in Mysuru.

Karnataka Governor Thaawar Chand Gehlot on Saturday granted permission to prosecute chief minister Siddaramaiah over alleged irregularities in land allotment by the Mysuru Urban Development Authority (MUDA), a decision the state government called “unconstitutional” and in violation of protocols.

Siddaramaiah ruled out resigning and vowed to wage a legal battle against what he termed an “unconstitutional move”. (PTI)
Siddaramaiah ruled out resigning and vowed to wage a legal battle against what he termed an “unconstitutional move”. (PTI)

The allegations centre on claims that MUDA in 2021 allocated sites to the chief minister’s wife in exchange for land acquired from her in Mysuru. Siddaramaiah, however, ruled out resigning and vowed to wage a legal battle against what he termed an “unconstitutional move”.

The Governor’s secretariat, in a six-page communication dated August 17, informed chief secretary Shalini Rajneesh of the decision. The move was based on petitions filed by social activists from Bengaluru and Mysuru.

State revenue minister Krishna Byre Gowda argued that the governor’s sanction is illegal, stating, “The sanction can be granted if the investigating officer seeks permission when prima facie there is an actual commission of offence.”

The decision comes ahead of a special court hearing on August 20 on a related petition. There are allegations that Siddaramaiah misused his office to unlawfully acquire 14 plots in Vijayanagar area of Mysuru, which were of a higher value than the properties that his wife gave as part of the exchange.

Citing the Madhya Pradesh police establishment case and a 2004 Supreme Court ruling, the Governor remarked: “I am satisfied that sanction can be accorded against Chief Minister Siddaramaiah on the allegations.” In his sanction order, Governor Gehlot justified his decision, stating that the evidence supporting the allegations “prima facie” indicated the commission of offences. He dismissed the state cabinet’s advice as “irrational” and called for a “neutral, objective, and non-partisan investigation”.

He added: “Upon perusal of the petition along with the materials in support of the allegations in the petitions and subsequent reply of Siddaramaiah and the advice of the state cabinet along with the legal opinion, it seems to me that there are two versions in relation to the same set of facts.” He further added, “It is necessary that a neutral, objective, and non-partisan investigation be conducted. I am prima facie satisfied that the allegations and the supporting materials disclose the commission of offences.”

Siddaramaiah, a 76-year-old senior Congress leader, firmly rejected calls for his resignation. “This is an unconstitutional move, and we will challenge it legally,” he said. He alleged a broader conspiracy involving the BJP, JD(S), and certain Karnataka leaders to destabilise his government.

“Tell me why and for what reason should I resign?... the Governor has to resign because he has acted as a puppet in the hands of the Government of India,” he added.

Siddaramaiah also highlighted the inaction against other leaders, noting that complaints against former chief minister HD Kumaraswamy, Murugesh Nirani, Shashikala Jolle, and Janardhan Reddy had not led to any steps by the Governor.

He pointed out that although permission was sought in November to investigate Kumaraswamy for unauthorised mining licenses, no action was taken.

Deputy chief minister DK Shivakumar also ruled out the possibility of Siddaramaiah resigning, saying, “There is a conspiracy to misuse the governor’s office to destabilise the Siddaramaiah-led Congress government in Karnataka.”

Revenue minister Gowda argued that the Governor’s sanction can only be granted when sought by an investigation agency. “Only police officers have this power… Has there been any police investigation (regarding the MUDA scam)?”

He said that the GoI’s checklist, which includes verifying whether a complaint reveals undue advantage derived by a public servant, was not satisfied. “No proof was submitted against the CM’s role in the alleged scam.”

Gowda emphasised that for a Union minister or chief minister, the checklist specifies that permission for sanction of prosecution can only be sought by the Director General of Police. “The prosecution sanction is totally illegal. It is a completely illegal order issued by the Governor,” he said.

The opposition Bharatiya Janata Party (BJP) demanded Siddaramaiah’s resignation to ensure a transparent investigation. State BJP president BY Vijayendra said, “Given the substantial evidence and serious allegations of corruption and favouritism within the Congress government, it is crucial that the chief minister steps down”.

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