The high court directed the trial court not to take any precipitative action against CM Siddaramaiah till the next date of hearing before it.
Published Aug 19, 2024 | 5:26 PM ⚊ Updated Aug 19, 2024 | 5:26 PM
CM Siddaramaiah. (Supplied)
The Karnataka High Court on Monday, 19 August directed the trial court to defer proceedings against Chief Minister Siddaramaiah in the Mysuru Urban Development Authority (MUDA) land allotment case till the challenge is heard by it.
The high court directed the trial court not to take any precipitative action against Siddaramaiah, based on the Governor’s sanction, till the next date of hearing before it.
The petition filed by Siddaramiah claimed that the Governor issued the sanction order violating statutory mandates contrary to constitutional principles, including the advice of the council of ministers, under Article 163 of the Constitution.
A single bench of Justice M Nagaprasanna stated that since proceedings are pending before the high court the trial court should defer the proceedings.
“I have bestowed by consideration to the prima facie submission. It was argued that the proceedings before the trial court are up for orders on whether a sanction should be granted to prosecute the CM. Any order permitting action to proceed further against the CM would frustrate the proceedings before this court. Since the proceedings are pending before this Court, the trial court shall defer its proceedings till the next date of hearing. There shall be no precipitative action qua these complaints.” the Court held, reported LiveLaw.
Senior Advocate Abhishek Manu Singhvi, appearing for Siddaramaiah, said the Governor is bound by a Cabinet decision but he issued sanction in a short two-page order without considering the merits of the case.
“You do not need any provision of the Constitution to destabilise the government’s milords if a sanction is given like [this],” Singhvi argued.
The senior advocate argued that Siddaramaiah had no role in the case since the land parcels were allotted during the tenure of the previous government.
Solicitor General Tushar Mehta, appearing for the Governor, submitted that the Cabinet decision denying sanction to prosecute Siddaraimaiah was similar to his petition filed before the high court.
He argued that in such cases there only needs to be an apprehension or suspicion of reasonable bias by the cabinet in favour of the minister against whom sanction is sought.
After hearing both sides, the high court stated that the proceedings before the trial court, scheduled to be held on Tuesday, shall not go ahead while the matter of interim relief was not decided by it.
In the order of prosecution, the Governor said he is prima facie “satisfied” that the allegations and the supporting materials disclose the commission of offences.
The Governor also termed as “irrational” the decision taken by the Council of Ministers advising him to withdraw his show cause notice to the Chief Minister and to reject the application seeking prosecution sanction.
The order, accessed by South First, stated that the sanction of the prosecution was granted under section 17 of the Prevention of Corruption Act, 1988 and section 218 of the Bharathiya Nagarika Suraksha Samhitha, 2023 for the commission of the alleged offences mentioned in the petitions.
The Governor had also claimed that it is a “Settled legal principle” that the person against who, allegations are made, should not be empowered to decide the course of action.
Siddaramaiah had denied the allegations, and also claimed to fight the order legally.
On Saturday, terming the Governor’s decision as “anti-Constitution and against law”, he said, it would be questioned in court and he would battle it out legally.
“It is a big conspiracy to dislodge the elected government. They (BJP) have done this in several states including Delhi, and Jharkhand. A conspiracy has been designed to destabilise the elected government in Karnataka also. The Central government, BJP, JD(S) and others are involved in this conspiracy,” Siddaramaiah told reporters in Bengaluru.
“High command (of Congress) is with me, the entire Cabinet and the government is with me. All Congress MLAs, MLCs, Lok Sabha and Rajya Sabha members are with me….I have done no wrong to resign,” he asserted.
Accusing the opposition of wrongdoings and behaving illegally and anti-Constitutionally, he further said, “They are using Raj Bhavan as a political pawn. The Governor is functioning like a puppet in the hands of the Central government.”
