Tamil Nadu Governor K. Rosaiah has been summoned by a court to appear before it here on August 2 in connection with a criminal case against him over the allotment of a tract of prime land in the city worth about Rs. 500 crore.
The allotment, made in favour of an industrialist and some others, was made when he was Andhra Pradesh Chief Minister during 2009-10.
Mr. Rosaiah is the sole accused in the case. The Principal Court for Anti-Corruption Bureau (ACB) cases has issued summons for offences under Sections 409 (criminal breach of trust by public servant) of the Indian Penal Code, and 13 (2) and 13 (1) (d) of the Prevention of Corruption Act. These provisions of the PC Act relate to public servants committing criminal misconduct and obtaining for themselves or anyone else valuable things or pecuniary advantage, by corrupt or illegal means respectively.
It is to be seen whether the court order can be given effect to immediately in the light of the constitutional safeguards against proceedings being initiated with respect to a serving President or Governor.
Article 361 (2) of the Constitution states that “no criminal proceedings shall be instituted or continued against the President of the Governor of a State in any Court during his term of office.” However, the petitioner's lawyers claimed that a criminal case was pending against Mr. Rosaiah even before he became Governor.
The court acted on a protest petition filed by advocate K. Mohanlal after his initial prayer was allegedly stalled by the ACB.
