The Karnataka High Court has dismissed Chief Minister Siddaramaiah‘s challenge to Governor Thawar Chand Gehlot‘s decision to sanction his prosecution in the alleged MUDA land scam case.
A bench of Justice M Nagaprasanna said the Governor “did apply his mind in abundance” and that the order (sanctioning prosecution) “does not suffer from non-application of mind…” “There is no fault in the Governor’s actions. The facts narrated need investigation. The petition is dismissed,” the court said.
The court subsequently also dismissed a plea by senior advocate Abhishek Singhvi, appearing for the Chief Minister, to stay its order for two weeks. The judge said he could not stay his own order.
Ahead of the verdict, security had been beefed up around the Chief Minister’s residence and the police were told to be on high alert to avert “untoward incidents”, underlining the political tension over the alleged land scam.
Shortly after the verdict the Bharatiya Janata Party – which has targeted the Congress government and Siddaramaiah in this matter – was up in arms, demanding, again, the Chief Minister quit. BY Vijayendra, the BJP’s state unit chief, demanded Siddaramaiah “resign immediately, without further delay”.
“BJP has been relentlessly fighting against the corrupt Congress government. They (the Congress) said that BJP is plotting a political conspiracy… but the High Court has clearly said the decision taken by the Governor is correct. Accepting this decision, the Chief Minister should resign immediately…”
The Congress – for whom the verdict has been seen a setback, particularly with the Haryana election next week – has backed its senior leader, with Deputy Chief Minister DK Shivakumar alleging “a big conspiracy”.
“I am telling you again… there is no setback for the Chief Minister. It is a big conspiracy against our leaders. We will fight it out. We respect the legal system… we will get justice,” he told reporters.
#WATCH | Bengaluru: Karnataka HC dismisses petition by CM Siddaramaiah challenging Governor’s sanction for his prosecution in alleged MUDA scam.
Deputy CM DK Shivakumar says, “I am telling you again, there is no setback to the CM. It is a big conspiracy on all our leaders,… pic.twitter.com/VpLcSWUDyi
— ANI (@ANI) September 24, 2024
Support from Mr Shivakumar, who is also the Congress’ state boss, is seen as key for Siddaramaiah since the two were at odds for the Chief Minister’s post after last year’s Assembly election win.
Governor “Hasn’t Applied His Mind”: Siddaramaiah
Mr Siddaramaiah had argued the order sanctioning his prosecution is illegal since the Governor could not make such a recommendation without state approval. Appearing for the Chief Minister, Mr Singhvi argued the Governor “hasn’t applied his mind”. The sanction is therefore “fully reviewable”, he said
“You are negating the mandate of the people… With no inputs taken from me (referring to the state government) by the Governor… this order is judicially reviewable,” he told the High Court.
The court, though, suggested the Governor’s sanction could be viewed as an “independent decision”, and that Mr Gehlot, in such a case, “need not fall back on ministers’ advice”.
The Governor’s decision to greenlight prosecution of Chief Minister Siddaramaiah triggered a furious political spat in the southern state, with the Congress veteran accusing Mr Gehlot of acting as a representative of the Bharatiya Janata Party-led central government rather than the President.
Governor Gehlot’s clearance to prosecute the Chief Minister came on August 17.
Governor’s ‘Prosecute’ Nod Is “Illegal”
Siddaramaiah, who has also urged the Governor to not “pick and choose” in permitting prosecution, had earlier argued Mr Gehlot’s decision is “in violation of the principles of natural justice”.
In his strongly-worded petition he further warned the court that “in the absence of interim relief… there is a grave and imminent risk of irreparable harm (to his) reputation”.
READ | “Illegal…”: Siddaramaiah Slams Governor’s ‘Prosecute’ Nod
Allowing the Governor’s sanction to stand would also lead to “severe prejudice… disrupt governance and potentially result in political destabilisation”, the Chief Minister argued.
“Such harm, if inflicted, cannot be adequately remedied at a later stage.”
“Never Misused Power…”
Last month the Chief Minister told reporters he had not done anything illegal in a political career spanning four decades, and expressed confidence the judiciary would come to his aid.
READ | “In 40 Years Did Nothing Wrong”: Under-Fire Siddaramaiah
The senior Congress leader declared he had been a Chief Minister and a Minister over the course of his career and had “never misused power for personal gains”.
MUDA Land Scam Case Explained
The alleged MUDA scam focuses on the value of land allotted to the Chief Minister’s wife, Parvathi, in an upmarket area of Mysuru as compensation for land elsewhere taken for infra development.
Critics allege the value of land allotted grossly – by Rs 4,000 to Rs 5,000 crore – exceeds that taken.
NDTV Explains | MUDA Case In Which Siddaramaiah Will Be Prosecuted
Specifically, in a complaint filed by an activist, TJ Abraham, that named the Chief Minister, his wife and son, and senior MUDA officials, it was alleged that allotment of 14 alternative sites in a Mysuru neighbourhood was illegal and caused a loss of Rs 45 crore.
READ | 3.16 Acres Bought For Rs 1 In 1935: Siddaramaiah On Mysuru Land Scam
Siddaramaiah had claimed the land was gifted by his wife’s brother in 1998. However, another activist Snehmayi Krishna alleged the brother had procured it illegally and registered it using forged documents with help from government officials. The land was shown to have been bought in 1998.
Siddaramaiah’s wife sought compensation in 2014 when he held the top post.
