Bangalore, September 24, 2024 – The Karnataka High Court has dismissed Chief Minister Siddaramaiah’s plea against the Governor's decision to sanction his prosecution under Section 17A of the Prevention of Corruption Act and Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). This sanction relates to the alleged Mysore Urban Development Authority (MUDA) land scam, involving irregularities in land allotment linked to his family.
A single-judge bench led by Justice M. Nagaprasanna ruled that the Governor Thawar Chand Gehlot, was justified in granting approval for an investigation into the Chief Minister’s actions. The bench emphasized that the allegations warranted further scrutiny, particularly as they involved the benefit of Siddaramaiah’s family.
Background of MUDA Scam Allegations
The controversy revolves around land compensation schemes carried out by MUDA. Siddaramaiah's wife, Parvathi, allegedly received inflated compensation, including the allotment of 14 developed plots in a prime area of Mysuru. Activists have raised concerns that this compensation, granted under the 50:50 land-sharing scheme, exceeded the value of the original land by a significant margin. Furthermore, it is claimed that Parvathi's brother had illegally acquired the land in question, later gifting it to her.
The Chief Minister has consistently denied any involvement, asserting that MUDA made its decisions independently, without his interference. He contends that the Governor’s sanction for prosecution is politically motivated and aimed at destabilizing the Congress-led government in Karnataka.
High Court’s Ruling on the Governor’s Sanction
The court’s decision comes after Siddaramaiah challenged the Governor’s August 17 order, which allowed the investigation and prosecution to proceed. Section 17A of the Prevention of Corruption Act stipulates that approval is mandatory for investigating public servants for decisions made in their official capacity.
Justice Nagaprasanna, in his detailed ruling, noted that the Governor’s decision was based on “an abundance of application of mind” and did not suffer from any procedural flaws. The court dismissed arguments that the Governor acted in "hot haste" or that his sanction lacked sufficient reasoning. Importantly, the court underscored that the Governor’s decision-making powers, while typically exercised on the advice of the council of ministers, could be independently exercised in exceptional circumstances such as these.
“The facts in the petition undoubtedly require investigation, particularly as the primary beneficiary is the petitioner’s family. The petition stands dismissed”, said Justice Nagaprasanna.
Legal Arguments: Discretionary Powers of the Governor
Siddaramaiah’s counsel, senior advocate Abhishek Manu Singhvi, had argued that the Governor’s powers in such matters are limited and that he had not provided sufficient reasons for sanctioning the prosecution. Singhvi emphasized that the Governor's discretionary powers should not override established legal protections for elected officials.
On the contrary, Solicitor General Tushar Mehta, representing the Governor’s office, maintained that the sanction order was the result of a thorough consideration of the evidence. He further argued that there was no violation of natural justice, as there is no statutory requirement for personal hearings at the stage of granting approval under Section 17A.
Implications for Chief Minister Siddaramaiah
The dismissal of the plea clears the way for legal proceedings against the Chief Minister. The court’s decision effectively allows the trial court to continue its investigation and potential prosecution, subjecting Siddaramaiah to increasing political pressure.
The ruling Bharatiya Janata Party (BJP) has been vocal in its demands for the Chief Minister’s resignation. Union Minister Pralhad Joshi called the High Court's decision a "slap on the Congress government", urging Siddaramaiah to step down in the interest of an impartial investigation.
Siddaramaiah, however, remains defiant, vowing to continue his fight in court. Speaking after the verdict, he accused the BJP of indulging in “revenge politics” aimed at discrediting his pro-poor governance.
"I believe in the law and the Constitution. The truth will prevail. This is an attempt to destabilize my government through false allegations", Siddaramaiah stated, reaffirming his intention to challenge the decision in higher courts.
Political Fallout & Future Legal Challenges
The Karnataka Congress leadership has rallied behind the Chief Minister, with senior ministers and Deputy Chief Minister DK Shivakumar expressing their unwavering support. Shivakumar, who had previously competed with Siddaramaiah for the top post, reaffirmed that the party stands united in the face of these allegations.
The BJP, on the other hand, has intensified its attacks, with leaders such as state BJP president BY Vijayendra demanding Siddaramaiah's resignation, citing the involvement of his family members in the alleged scam.
As the legal battle intensifies, the MUDA land scam case has become a focal point in Karnataka’s political landscape. With the High Court’s dismissal of Siddaramaiah’s plea, the controversy is set to dominate headlines, further escalating the political tension between the Congress and BJP in the state.
Whether the case will lead to a full-fledged prosecution remains to be seen, but for now, Siddaramaiah faces mounting legal and political challenges as he seeks to defend both his office and his reputation.
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