MUDA case: HC upholds Governor nod for probe against Siddaramaiah
24-Sep-2024 01:49 PM 6013
Bengaluru, Sep 24 (Reporter) The Karnataka High Court on Tuesday dismissed Chief Minister Siddaramaiah's petition contesting Governor Thaawarchand Gehlot’s approval for an investigation into alleged irregularities involving the allotment of 14 Mysuru Urban Development Authority (MUDA) sites to his wife. Justice M Nagaprasanna said "no fault can be found in the Governor exercising independent discretion to pass the impugned order" that was given after "application of mind". The court said the complainants were justified in registering a plaint and seeking approval from the Governor and "approval under Section 17A of the Prevention of Corruption Act is mandatory in this context," the court said. Meanwhile, Siddaramaiah has decided to move the apex court challenging Karnataka High Court's decision. Justice Nagaprasanna clarified that Section 17A does not require a police officer to seek approval for a private complaint registered under Sections 200 or 203 against a public servant for offences punishable under the Act, emphasising that it is the duty of the complainant to seek such approval. He explained that while the Governor typically acts on the aid and advice of the council of ministers as outlined in Article 163 of the Constitution of India, he can make independent decisions in exceptional circumstances. Justice Nagaprasanna stated that "the present case exemplifies such an exception." The judge said no fault can be found in the Governor exercising independent discretion. He explained that the reasons for the decision must be recorded in the file of the decision-making authority, and he emphasised that "the gubernatorial order did not suffer from a lack of application of mind; rather, it reflected an abundance of application of mind." He clarified that the grant of an opportunity for a hearing prior to approval under Section 17A is not mandatory, stating, "It is at the authority's discretion." The ruling paves the way for the investigation to proceed, affirming the Governor's sanction and enabling thorough legal scrutiny. The court's decision follows an interim order issued on August 19, which temporarily restrained a special court in Bengaluru from acting on the Governor’s approval. Governor Gehlot had endorsed the prosecution of Siddaramaiah, emphasising the need for a "neutral, objective, and non-partisan investigation" into the corruption allegations tied to land allotments made in 2021 during the BJP's administration. The case was initiated based on complaints from T J Abraham of Bengaluru and Snehamayi Krishna of Mysuru. The dismissal carries significant political and legal implications, potentially undermining Siddaramaiah's political credibility and weakening his position within the Congress party. Opposition parties, particularly the BJP, has begun exploiting the situation to question his ethics as the by-elections approach...////...
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