The Governor said he is prima facie "satisfied" that the allegations and the supporting materials disclose the commission of offences.
Published Aug 17, 2024 | 3:23 PM ⚊ Updated Aug 19, 2024 | 11:50 AM
CM Siddaramaiah and Governor Thawaarchand Gehlot.(X)
Karnataka Governor Thaawarchand Gehlot on Saturday, 17 August has permitted to prosecute Chief Minister Siddaramaiah in the MUDA land allotment case.
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 showcause 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.
Governor Gehlot permitted the prosecution following petitions filed by TJ Abraham, Pradeep Kumar SP, and Snehamayi Krishna. The primary petition was filed by the activist-advocate TJ Abraham, alleged that the offences were committed under Sections 7, 9, 11, 12 and 15 of the Prevention of Corruption Act, 1988 (PC Act) and Sections 59, 61, 62, 201, 227, 228, 229, 239, 314, 316(5), 318(1), 318(2), 318(3), 319, 322, 324, 324(1), 324(2), 324(3), 335, 336, 338 and 340 of the Bharatiya Nyaya Sanhita (BNS).
He further sought investigation under Section 17A of the PC Act, Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and Section 19 of the PC Act.
The Governor explaining the decision of permitting prosecution, noted that he had considered all the responses from the government and the council of ministers. He stated that the decision taken by the council of ministers is irrational.
Recalling the show cause notice issued to Siddaramaiah on 26 July, the Governor said, he issued the notice, “Upon perusal of the petitions and the materials in support of the allegations in the petitions.”
Further noting that he has considered the response from the chief minister dated 3 August, which denied the allegations, and the response from the Council of Ministers on 1 August, the Governor stated that “Constituting of a committee under an IAS officer and immediately constituting one more committee under a retired Judge of the High Court and the Governments own acceptance that there is a potential big-ticket scam in the allotment of sites by MUDA does not inspire much confidence. ”
The Governor noting that the prima facie supports the allegations, said “Upon perusal of the petition along with the materials in support of the allegations in the petitions and subsequent reply of Siddaramaiah and the advice of the State Cabinet along with the legal opinion, it seems to me that there are two versions in relations to the same set of facts. It is very necessary that a neutral, objective and non- partisan investigation should be conducted.”
The Governor 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.
In view of the facts and circumstances, Gehlot said, he is satisfied that sanction can be accorded against Chief Minister Siddaramaiah on the allegations of having committed the offences as mentioned in the petitions of TJ Abraham, Pradeep Kumar SP and Snehamayi Krishna.
“Hence, I hereby accord sanction against the Chief Minister under Section 17A of the Prevention of Corruption Act, 1988 and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the commission of the alleged offences as mentioned in the petitions,” he added.
He further deemed the advice of the Cabinet in the current instance to be irrational and biased and cannot be treated as bona fide.
Supporting his decision to not consider the cabinet decision, the Governor mentioned the case of Madhya Pradesh Police Establishment Vs State of Madhya Pradesh, (2004).
In which, the Supreme Court held that “If on these facts and circumstances, the Governor cannot act in his own discretion there would be a complete break-down of Rule of Law in as much as it would then be open for Governments to refuse sanction in spite of overwhelming material showing that a prima-facie case is made out. If, in cases where prima-facie is clearly made out, sanction to prosecute high functionaries is refused or withheld, democracy itself will be at stake. It would then lead to a situation where people in power may break the Law with impunity safe in the knowledge they will not be prosecuted as the requisite sanction will not be granted.”
The MUDA had allotted plots to Parvathi under a 50:50 ratio scheme in lieu of 3.16 acres of her land, where MUDA developed a residential layout.
Under the controversial scheme, MUDA allotted 50 percent of developed land to the land losers in lieu of undeveloped land acquired from them for forming residential layouts.
BJP leaders have claimed that the MUDA “scam” is of the magnitude of ₹4,000 crore to ₹5,000 crore.
The Congress government on 14 July, constituted a single-member inquiry commission under former High Court Judge Justice PN Desai to probe the MUDA ‘scam’.
