Published Aug 19, 2024 | 1:12 PM ⚊ Updated Aug 19, 2024 | 6:36 PM
Chief Minister Siddaramaiah moves High Court. (X)
Karnataka Chief Minister Siddaramaiah, moved the high court challenging the order issued by Governor Thaawarchand Gehlot permitting to prosecute Siddaramaiah in the MUDA land allotment case.
The case is expected to be heard by a single judge bench at 2:30 pm on Monday, 19 August.
As reported by Livelaw, the petition filed by Siddaramiah has claimed that the sanction order which was communicated to the Chief Secretary on Saturday, 17 August, was issued without due application of mind, in violation of statutory mandates, and contrary to constitutional principles, including the advice of the Council of Ministers, which is binding under Article 163 of the Constitution of India.
Siddaramiah had filed his writ petition under articles 226 and 227. The petition further read, “The impugned order, passed on 17.08.2024, is in gross violation of the law, principles of natural justice, unconstitutional, ultravires section 17A of the Prevention of Corruption Act and section 218 of BNSS, established judicial precedents, and therefore necessitates judicial intervention by this Hon’ble court in the exercise of its writ jurisdiction. ”
Further calling Siddaramaiah a beloved and trusted leader of the state of Karnataka, the petition noted, “The impugned order, which grants sanction for the prosecution of the Petitioner, is not only a direct attack on his person but also an affront to the office of the Chief Minister, undermining the democratic process and the will of the people of Karnataka.”
The petition also claimed the order of prosecution is “tainted with malafides and is part of a concerted effort to destabilize the duly elected government of Karnataka for political reasons.”
Further citing the Supreme Court verdicts in Shamsher Singh v State of Punjab & Anr (1974) MP Special Police Establishment v State of MP & Ors (2004), the petition claimed, “The order is a clear overreach of his powers under the Constitution, as it not only contravenes the advice rendered by the Council of Ministers, which is binding on the Governor under Article 163 of the Constitution of India but also fails to provide any reason or material whatsoever to differ from the advice of the council of ministers.”
The petition asked the high court to stay the operation of the impugned order dated 16 August passed by the Governor of Karnataka. It further asked to “Pass such other orders as this court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.”
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.
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.”
(Edited by Sumavarsha Kandula with inputs from Nolan Patrick Pinto)
