HC dismisses Siddaramaiah’s plea challenging sanction for his prosecution
Justice M Nagaprasanna said the governor typically acts under the advice of the council of ministers, but the Constitution allows independent decision-making under special circumstances
The Karnataka high court on Tuesday dismissed chief minister Siddaramaiah’s plea challenging governor Thawar Chand Gehlot’s move to allow his prosecution in a case related to Mysore Urban Development Authority (MUDA)’s land allotment. Siddaramaiah has argued that the sanction was politically motivated.
Justice M Nagaprasanna said Gehlot granted the sanction as per norms on the complaints of activists TJ Abraham, Snehamai Krishna, and Pradeep Kumar SP. He said the governor typically acts under the advice of the council of ministers, but the Constitution allows independent decision-making under special circumstances.
“The complainants were justified in pursuing the complaint and seeking approval at the hands of the Governor. The Governor, under normal circumstances, has to act with the aid and advice of the Council of Ministers, as mentioned under Article 163 of the Constitution of India. However, the Governor can make independent decisions in exceptional circumstances.”
He said the Siddaramaiah case was one such exception. “No fault can be found with the Governor exercising independent discretion to pass the impugned order. It will suffice if the decision is recorded in the files of the decision-making authority.” The court added that any interim orders issued about the case would no longer remain in effect.
A plea in a Bengaluru court seeking a First Information Report against Siddaramaiah was put on hold awaiting the high court verdict.
Gehlot on August 16 sanctioned Siddaramaiah’s prosecution under the Prevention of Corruption Act and Bharatiya Nagarik Suraksha Sanhita’s Section 218 (prosecution of judges and public servants).
The case relates to a three-acre plot Siddaramaiah’s brother-in-law, Mallikarjuna Swamy, gifted to his sister, Parvathi. Parvathi was compensated since the land was improperly developed. The compensation was excessive and included 14 developed alternate plots, significantly higher in value than the original three-acre plot under a MUDA scheme.
The Bharatiya Janata Party (BJP) said the high court order is a validation of the governor’s order and demanded immediate resignation of Siddaramaiah. “If he has any decency and self-respect, he should resign immediately,” former Union minister Rajeev Chandrasekhar told media persons.
Targeting the Congress, he said, “They come into governance in the name of the poor, making fake promises and end up enriching themselves and their families.”
