The sanction to prosecute Karnataka Chief Minister Siddaramaiah in the alleged Mysore Urban Development Authority scam was granted after “elaborate application of mind”, the state governor’s office told the High Court on Saturday, reported Live Law.
The alleged scam pertains to the allotment of 14 high-value housing sites in Mysuru’s Vijaynagar area to Siddaramaiah’s wife, Parvathi, in 2021 by the Mysore Urban Development Authority under a state government scheme.
This was allegedly done in exchange for 3.16 acres of land that Parvathi owned in another part of the city. This land was allegedly illegally acquired from Dalit families.
On August 19, Siddaramaiah moved the High Court challenging Karnataka Governor Thaawarchand Gehlot’s decision to grant sanction to prosecute him for the alleged corruption.
Following this, the High Court directed a trial court not to take any action against the chief minister until the next date of hearing.
On Saturday, appearing for Gehlot, Solicitor General Tushar Mehta told the court that while determining if a case exists, the governor’s reasons need not be elaborate but must reflect the application of mind.
On the claims that natural justice was not complied with, Mehta said: “At the stage of [Section] 17A [of the Prevention of Corruption Act] there is no requirement of principles of natural justice. Non-issuance of notice even in one case would not have cause prejudice.”
Section 17A of the Prevention of Corruption Act deals with the inquiry or investigation of offences related to recommendations made or decisions taken by a public servant while performing their official functions or duties.
The solicitor general also argued that the governor was required to “act in his own discretion” rather than on the “aid and advice” of the Cabinet or council of ministers, given that the chief minister himself is facing allegations.
Mehta said that the state Cabinet's advice against granting such sanction was a “copy-paste” opinion made without any "application of mind”, reported Bar and Bench.
He stated that this opinion was reproduced verbatim in both the chief secretary's note and the chief minister's response to the governor's show-cause notice.
Senior Advocate Prabhuling K Navadgi, representing one of the complainants who sought the governor's sanction to prosecute Siddaramaiah, told the court that the state Cabinet should have no role in the matter.
The respondents also sought the court to vacate the stay on the proceedings of the trial court and allow the proceedings to continue, subject to the outcome of the petition before the High Court.
However, Justice Nagaprasanna refused to concede, saying that while he was hearing the case, the trial court could not continue with the proceedings.
“Whether sanction is required, whether it is correct, I have to decide,” he said. “If you want to finish fast, we will finish fast. I am not wanting to hold this for long.”
The High Court extended the effect of the interim order till the next hearing scheduled on Monday.
Meanwhile, the ruling Congress party in Karnataka marched to the Raj Bhavan on Saturday to protest against Gehlot’s decision to grant permission for prosecution, reported The Indian Express.
The party said that the governor was being selective in allowing permission for prosecution against the chief minister in cases filed based on complaints by private persons while delaying the grant of sanction to prosecute three Bharatiya Janata Party and Janata Dal (Secular) leaders on the request of the Lokayukta police.
The party leaders submitted a memorandum to the governor, questioning the selective decision-
The Congress delegation also sought an end to the “abuse of the office of Governor and to stop acting on political considerations”.
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