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MUDA case: Karnataka Lokayukta to probe charges against CM Siddaramaiah
MUDA case: The special court directed the Lokayukta police to file the investigation report by December 24.
A Bengaluru court on Wednesday directed the Lokayukta police to investigate Karnataka chief minister Siddaramaiah in connection with allegations of irregularities in the allotment of Mysuru Urban Development Authority (MUDA) sites. The probe was ordered by Special Court Judge Santhosh Gajanan Bhat, just a day after the Karnataka high court upheld Governor Thaawarchand Gehlot's sanction for an inquiry into the matter.
The court issued directions to take up investigation under section 156 (3) of the Code of Criminal Procedure (CrPC) (that gives a magistrate the power to order an investigation into a cognisable offense.) It directed the Lokayukta police to file the investigation report by December 24.
The chief minister said he was not afraid of a probe.
“Already I have said that I am ready to face an investigation. I am not afraid of a probe,” Siddaramaiah told reporters. “I am ready for a legal fight. I had said this yesterday and I am reiterating it today as well.”
The high court dismissed Siddaramaiah’s plea against the governor’s August 16 order sanctioning an investigation under Section 17A of the Prevention of Corruption (PC) Act, 1988. The governor's approval was in response to complaints lodged by activists Pradeep Kumar S P, T J Abraham, and Snehamayi Krishna, accusing the chief minister of benefiting from the illegal allotment of valuable MUDA plots.
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In its ruling, the single-judge bench of Justice M Nagaprasanna noted that while governors typically act based on the advice of the Council of Ministers under Article 163 of the Constitution, exceptions could be made in certain cases. Justice Nagaprasanna deemed this case an exceptional circumstance where the governor's independent decision was warranted.
Asserting that the gubernatorial order nowhere "suffers from want of application of mind", the Judge said, "It is not a case of not even a semblance of application of mind by the Governor, but abundance of application of mind."
"No fault can be found with the Governor exercising the independent discretion to pass the impugned order; it would suffice if the reasons are recorded in the file of the decision-making authority, particularly of the high office, and those reasons succinctly form part of the impugned order. A caveat reason must be in the file. Reasons for the first time cannot be brought before the constitutional court by way of objections," he added.
The opposition Bharatiya Janata Party (BJP) wasted no time in capitalising on the high court's decision, demanding that Siddaramaiah step down to allow for an independent investigation.
“The high court has validated the action of the governor. The BJP demands that Chief Minister Siddaramaiah tender his resignation and make way for a free and independent investigation into the allegations of shameful corruption,” senior BJP leader Rajeev Chandrasekhar said at a press conference in New Delhi.
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Siddaramaiah strongly denied any wrongdoing, characterising the entire case as a politically motivated conspiracy.
He rejected opposition calls for his resignation, asserting, “Why should I resign? Has (H D) Kumaraswamy (Union Minister) resigned? He is on bail, ask him....it is only said that inquiry needs to be done. At the inquiry stage itself, resignation is sought. I will answer them...We will face them politically because it is a conspiracy,” he said at a press conference.
With inputs from agencies
