'Effort To Destabilize Govt' : Karnataka CM Siddaramiah Moves High Court Challenging Governor's Sanction For Prosecution In MUDA Case

Karnataka Chief Minister Siddaramiah has moved the High Court seeking to quash the order issued by Governor Thaawarchand Gehlot granting sanction to prosecute him in the alleged multi-crore scam relating to Mysore Urban Development Authority (MUDA).

The petition filed by Siddaramiah has claimed that the sanction order which was communicated to the Chief Secretary on 17.08.2024, is 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.

It is claimed that the impugned order of sanction is tainted with malafides and is part of a concerted effort to destabilise the duly elected government of Karnataka for political reasons.

Governor Gehlot in its order had said the case requires a non- partisan investigation since prima facie, the allegations and the supporting materials disclose commission of offences.

"I am satisfied that sanction can be accorded against Chief Minister Shri Siddaramaiah on the allegations of having committed the offences as mentioned in the petitions of Sri T.J. Abraham, Sri Pradeep Kumar SP and Sri Snehamayi Krishna,” the Governor's order read.

It added “Hence, I hereby accord sanction against Chief Minister Sri Siddaramaiah under Section 17A of the Prevention of Corruption Act, 1988 and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the commission of the alleged offences as mentioned in the petitions.”

The petition states that the petitioner's tenure as Chief Minister has seen the implementation of several landmark Initiatives, such as the Anna Bhagya scheme, which provides free rice to low-income families, and the Ksheera Bhagya scheme, which offers free milk to school children, the 'Five Guarantee Schemes' among others. These initiatives have earned him widespread acclaim for his vision and commitment to the upliftment of the underprivileged.

His dedication to the principles of social justice, secularism, and democracy has made him a trusted and beloved leader among the people of Karnataka.

However, 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.

Further, the order in question has been issued in haste and without proper consideration of the material facts, the law, and the constitutional mandates governing such actions. It is claimed, “The said order is based on an application filed by Respondent No. 3 (Abraham T J), whose conduct and motives have been called into question on numerous occasions, including by the Hon'ble Supreme Court of India.”

Objecting to the order wherein the Governor rejected the advice of the council of ministers which had sought not to issue the sanction to prosecute, the plea said “He (Governor) ought to provide cogent reasons for having rejected the advice or differed from it as mandated by the Hon'ble Supreme Court in M.P Special Police Establishment v State of MP & Ors (2004) 8 SCC 788.

Further it is said “The fact that the Governor has considered the application for sanction for offences under the provisions of BNSS, 2023, which came into force on 01.07.2024, for alleged offences said to have been committed over a period of the last 20 years when the Indian penal code was in force goes to show the order suffers from total no application of mind. Reliance is also placed on Article 20 of the Constitution of India, which provides protections, for an act which is not an offence at the time of its commission.

The plea prays for quashing the impugned order and by way of interim relief stay the operation of the order.

The petition was mentioned for hearing before a Single judge bench of Justice Hemant Chandangoudar which is likely to hear the same at 2.30 pm today.

Case Title: Siddaramaiah AND State of Karnataka & Others.