Chief Minister Siddaramaiah Moves Karnataka High Court In Appeal Against Order Upholding Governor's Sanction In MUDA Case

Chief Minister Siddaramaiah has moved an appeal before the Karnataka High Court against an order which upheld Governor Thaawar Chand Gehlot's decision granting sanction for investigation/prosecution against the CM in the alleged multi-crore Mysore Urban Development Authority (MUDA) "scam".

The appeal seeks to stay the operation of the single-judge bench's September 24 order by way of interim relief.

A single judge bench of Justice M Nagaprasanna while dismissing the petition filed by Siddaramaih had observed that the complainants were justified in registering the complaint or seeking approval from the Governor.

The bench further said that it is the duty of the complainant to seek approval under Section 17A of the Prevention of Corruption Act and the Governor can make 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 application of Section 17A PC Act the court while pronouncing the order 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".

On whether the Governor has to heed to the aid and advice of the council of ministers in passing such an order, the court said, "The Governor in normal circumstances has to act on the aid and advice of the council of ministers, but can take independent decisions in exceptional circumstances and the present case projects such exception. No fault can be found in the Governor exercising independent discretion to pass the impugned order. It would suffice if the reasons are mentioned in the file of the decision-making authority, particularly the high office and those reasons succinctly form part of the order. A caveat, reasons must be in the file, reasons for the first time cannot be brought before the constitutional court by objections".

The High Court had 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".

It was also observed that the grant of opportunity for personal hearing is not mandatory under Section 17A PC; if the authority chooses to do so it is open to it.

"The decision of the governor of alleged hot haste has not vitiated the order, the order is restrictive to approval under Section 17A of the Act and not an order granting sanction under 218 of BNSS," the court had added.

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.