Karnataka Governor Thaawarchand Gehlot on Saturday sanctioned the prosecution of Chief Minister Siddaramaiah in a case of alleged corruption in the allotment of land to his wife by the Mysuru Urban Development Authority (MUDA), saying that a “neutral, objective and non-partisan investigation should be conducted”. The allotment was done in 2021, while the BJP was in power in the State.
The CM ruled out his resignation and said he would appeal the Governor’s sanction in court.
The sanction has been given based on petitions submitted by two Bengaluru-based social activists Pradeep Kumar S.P. and T.J. Abraham, and Mysuru-based Snehamayi Krishna. A six-page communication to Chief Secretary Shalini Rajneesh by the Governor’s Secretariat on Saturday said that sanction has been given under Section 17A [for investigation] of the Prevention of Corruption Act, 1988, and Section 218 [for prosecution] of the Bharatiya Nagarika Suraksha Samhitha, 2023, “for the commission of the alleged offences mentioned in the petitions”.
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Later on Saturday, Mr. Siddaramaiah chaired an emergency meeting of the State Cabinet, which unanimously condemned Mr. Gehlot’s decision, terming it “illegal, unconstitutional and against the spirit of democracy and federalism”. The CM thanked his Cabinet colleagues for expressing complete solidarity with him.
Governor’s discretion
In his communication, the Governor cited a 2004 ruling by a five judge bench of the Supreme Court related to Madhya Pradesh. He said that the top court had held that if Governors did not use their discretion based on facts and circumstances, it would lead to a “complete breakdown of rule of law inasmuch as it would then be open for governments to refuse sanction in spite of overwhelming material showing that a prime facie case is made out”.
“Upon perusal of the petition along with the materials in support of the allegations in the petitions and subsequent reply of Sri Siddaramaiah and the advice of the State cabinet along with the legal opinion, it seems to me that there are two versions in relation to the same set of facts,” the Governor said.. “It is very necessary that a neutral, objective and non-partisan investigation should be conducted. I am prima facie satisfied that the allegations and the supporting materials disclose commission of offences... I am satisfied that sanction can be accorded against Chief Minister Siddaramaiah on the allegations,” he added.
State Ministers and other Congress leaders accused the Governor of acting at the behest of the BJP leadership, accusing the BJP of misusing the Raj Bhavan to destabilise the Congress government in Karnataka. The Opposition BJP and Janata Dal (Secular) hailed the Governor’s decision, and reiterated their demand for Mr. Siddaramaiah to step down.
Speedy show-cause
The Governor had issued a show-cause notice to Mr. Siddaramaiah on July 26, hours after the complaint was filed, asking why prosecution should not be permitted in the case of alleged irregularities in the distribution of sites in MUDA. On August 3, the Chief Minister replied, denying the allegations.
In the intervening period, on August 1, the State Cabinet “strongly advised” Mr. Gehlot to reject the petition and withdraw the show-cause notice. The Chief Minister had recused himself from the Cabinet meeting and authorised his deputy D.K. Shivakumar to chair the meeting of the Council of Ministers. The Deputy CM accused the Union government of attempting to destabilise a democratically elected government in Karnataka.
The Governor rejected this advice. “Since the sanction is sought against the Chief Minister himself, the surrounding circumstances of placing the show-cause notice dated 26.07.2024 before the Cabinet, and the decision of the Cabinet advising me to withdraw the notice would not inspire confidence to act on such advice of the Cabinet,” he said in a communique. “…the materials prima facie support the allegations, therefore, the decisions taken by the council of ministers is irrational”.
Land allotment concerns
Mr. Siddaramaiah has been claiming that the MUDA had legally allotted 14 alternative residential sites to his wife Parvathi, in lieu of “illegally” taking over her land without any acquisition process. “Accepting the mistake”, a MUDA committee allotted the alternative sites in 2021, at a time when the BJP was in power in Karnataka. The CM denied any role in the allotment of sites.
A day before the commencement of the legislature session in July, the State Government had constituted a one-man judicial commission, headed by former judge of the Karnataka High Court P. N. Desai, to look into the alleged irregularities in the allocation of sites by the MUDA during 2006-24. The Commission is yet to submit its report.
The combined Opposition of the BJP and JD(S) recently launched a padayatra from Bengaluru to Mysuru seeking the resignation of the Chief Minister for his alleged role in scams related to the MUDA, and the Karnataka Maharshi Valmiki Scheduled Tribes Development Corporation. The Congress had also organised a Janandolana on the same route to counter these allegations.