In light of the Karnataka HC dismissing Siddaramaiah's petition challenging the Governor's approval to investigate the MUDA scam, we spoke to political analysts and advocates about the CM's legal options.
Published Sep 24, 2024 | 11:00 PM ⚊ Updated Nov 26, 2024 | 2:35 PM
CM Siddaramaiah and Dy CM DK Shivakumar addressing a press conference
In a setback for Karnataka Chief Minister Siddaramaiah, the High Court on Tuesday, 24 September dismissed his petition challenging the Governor’s approval for a probe into the alleged MUDA scam. This ruling has given the opposition parties ammo to demand his resignation on moral grounds.
Despite the pressure, the Congress leader has remained resolute, signalling his intent to continue the legal battle and expressing confidence in the backing of his party and supporters. “I don’t fear you. I am not going to resign,” Siddaramaiah responded to demands of BJP leaders categorically.
Meanwhile, legal experts have stated that the CM cannot appeal the single bench ruling to a division bench, as Article 227 of the Constitution of India has been invoked in this case, granting the High Court supervisory powers over all courts and tribunals within its jurisdiction. They point out that Siddaramaiah’s only option now is to file a Special Leave Petition (SLP) before the Supreme Court.
“Legally, the lower court will determine whether a probe is necessary, and Siddaramaiah still has options to challenge the ruling in the Supreme Court. Politically, as long as his party and its leadership continue to support him, Siddaramaiah is likely to remain in office,” a political commentator told South First.
Amidst all these developments, the Chief Minister is expected to chair a meeting with his cabinet, party MLAs, MLCs and MPs in order to seek their support for him on Wednesday, 25 September. While it isn’t a Congress Legislative Party meeting, it is expected to be an exercise in show of support to Siddaramaiah.
While opposition parties – BJP and JD(S) – are demanding for the resignation of the Chief Minister on moral grounds, CM Siddaramaiah has made it clear that he intends to pursue legal actions.
CM Siddaramaiah told reporters in Bengaluru: “I have full support of the party, high command, cabinet ministers, MLAs, MLCs, MPs and party workers. The people of Karnataka are with us and the party. People of Karnataka are with us.”
“The permission for investigation under Section 218 of the BNSS act and Section 19 of the Prevention of Corruption Act has been denied, and the High Court has ordered an investigation under Section 17(A) of the PC Act. After discussing this verdict with legal experts, a decision will be made on the next course of action. I’m not afraid of any conspiracies of the opposition. The party is with me and Congress high command will give all the cooperation to continue the legal battle,” stated the Chief Minister.
As discussions continue about the legal options available to Siddaramaiah, Supreme Court senior advocate KV Dhananjay spoke to South First about what lies ahead for the CM.
Asserting that the only option available to the CM is to file a Special Leave Petition with the top court, he said “In the judgment regarding Siddaramaiah’s writ petition, the High Court noted that it was submitted under Articles 226 and 227 of the Constitution of India. When Article 227 is invoked and the matter is heard by a single judge, the petitioner cannot appeal to a division bench of the Karnataka High Court.”
Elaborating about it, he added “Moreover, Siddaramaiah’s legal team requested and obtained a stay on the proceedings before the Special Judge. This stay effectively involves Section 482 of the Criminal Procedure Code, 1973, even if it wasn’t explicitly mentioned by the lawyers—providing another reason why an appeal to a Division Bench is not permissible. Siddaramaiah’s only option now is to file a SLC with the Supreme Court. However, the chances of the High Court’s judgment being overtun based on this context is minimal.”
Pointing out that these proceedings fall under the Prevention of Corruption Act, 1988, Dhananjay continued, “the scope for top court to intervene is significantly restricted by law. Thus, the proceedings before the Special Judge (trial court) gain importance. The High Court’s stay has been lifted, allowing the Special Judge to issue orders on requests from various individuals who have sought an investigation against Siddaramaiah.”
What will happen if the Special Judge decides to order an investigation? “If there is insufficient evidence to directly implicate Siddaramaiah in the case, the Special Judge might decline to initiate an investigation against him, which would be a relief for him. Such an order would not be subject to interference by higher courts, as the Special Judge would be applying standard legal principles. Alternatively, the Special Judge could exercise discretion and order an investigation against Siddaramaiah.
On why such a move could be a huge setback for Siddaramaiah, he said, “The top court is unlikely to interfere with such an order, as it may not perceive a ‘failure of justice,’ meaning there is no indication that an innocent person is likely to be wrongfully convicted. Given the current circumstances, Siddaramaiah might not be able to claim a ‘failure of justice’ if an investigation is initiated against him.
Azim Premji University Professor and Political Analyst A Narayan told South First: “There are two aspects to consider: the legal and the political. Legally, no case has been booked against him yet. Everyone is saying that permission has been granted for prosecution. It’s not a question of prosecution but investigation. The lower court, where the complainant has filed the case, will decide whether a probe is necessary.”
On the CM’s current legal position, he explained, “Today’s decision pertains to whether the Governor was right to consent to the approval for an investigation. Prosecution only begins after a chargesheet is filed. From a legal standpoint, until the lower court orders the police to investigate and the police file a FIR, he is not accused. This is the current legal position. Politically, however, the Governor has given the go-ahead, and the court has upheld it.”
On the legal options available for Siddaramaiah, he told, “There are many legal avenues available, and as long as these options exist, if the party and its high command continue to support the CM, and if there is cohesion within the ministry and state party unit, he will likely remain in office. If the party and his cabinet colleagues decide to act against him demand changes in leadership, then political implications will arise.
Talking about the opposition’s call for the CM’s resignation, he pointed out: “The opposition demanding his resignation is not significant. The more pressing concerns are the legal and political aspects. The political implications are not determined by what the opposition demands. The key issue is whether the party will continue to support him or take the situation seriously and ask him to step down, or if they will back him in the Supreme Court. And since the MUDA scandal gained media attention, everyone in the party has decided to stand by him. If this stance does not change, he can remain in office until a case is formally booked against him.”
Although the Chief Minister had already held a CLP meeting focused on the MUDA scam in August, Siddaramaiah is expected to meet with the council of ministers and elected party members to seek their support following the ruling.
On conditions of anonymity, a senior minister told South First: “CM Siddaramaiah is expected to hold a meeting with ministers and party legislators on the matter on Wednesday. I have been invited to participate in the meeting. He is likely to seek support from everyone during this meeting. It is significant because it follows the High Court’s dismissal of his petition. He might also travel to Delhi later this week to meet with the party high command.”
(Edited by Neena)
