Karnataka High Court To Hear CM Siddaramaiah's Appeal Against 'Sanction' Order In MUDA "Scam" Case On November 23

The Karnataka High Court on Thursday (November 14) said it would hear next Saturday, Chief Minister Siddaramaiah's appeal challenging a single judge bench's order which had upheld the Governor's decision granting approval/ sanction for investigation against him in the alleged Mysore Urban Development Authority (MUDA) scam.

A division bench of Chief Justice N V Anjaria and Justice K V Aravind, after hearing senior advocate Abhishek Manu Singhvi who had mentioned the matter for urgent hearing said, it would hear the appeal on November 23 subject to removal of office objections. The appeal seeks to stay the operation of the order by way of interim relief.

Earlier, a single judge bench of Justice M Nagaprasanna had dismissed the petition filed by Siddaramaiah and observed that complainants were justified in registering the complaint or seeking approval from the Governor. Further it has said that it was the duty of the complainant to seek approval under Section 17A of Prevention of Corruption Act and the Governor can take independent decisions.

It had observed, "The facts narrated in the petition would undoubtedly require investigation, in the teeth of the fact that the beneficiary of all the acts is not anybody outside but the family of the petitioner. The petition stands dismissed.”

With respect to the application of Section 17A Prevention of Corruption Act the court had said, "The approval under Section 17A of Prevention of Corruption Act is mandatory under the facts and situation. Section 17A nowhere requires a police officer to seek approval in a private complaint registered under Section 200 of Criminal Procedure Code or 220 of BNSS against a public servant. It is the duty of the complaint to seek such an approval".

The High Court had then further said that the Governor's sanction order does not suffer from any "non-application of mind". It further said that this was not a case of semblance of no application of mind but in fact "abundance application of mind".

The high court had passed the order in the CM's plea seeking quashing of an order issued by Governor Thaawar Chand Gehlot granting sanction to prosecute the former in the alleged multi-crore scam relating to MUDA. Following the order the Lokayukta police have registered a case against him.

Case title: Siddaramaiah AND State of Karnataka & Others

Case no. WA 1569/2024.