Karnataka HC Dismisses CM Siddaramaiah's Petition Against Governor's Sanction for Prosecution in MUDA Land Scam

Karnataka HC Dismisses CM Siddaramaiah's Petition Against Governor's Sanction for Prosecution in MUDA Land Scam

The Karnataka High Court has rejected Chief Minister Siddaramaiah's petition against Governor Thawar Chand Gehlot's approval to sanction prosecution in the alleged MUDA land scam case.

A bench led by Justice M. Nagaprasanna noted that the Governor had "sufficiently considered the matter" and was thus entitled to make an "independent decision" regarding the prosecution.

"The order (by the Governor) does not suffer from non-application of mind... There is no fault in the Governor's actions. The facts narrated need investigation. The petition stands dismissed."

The court also denied a request from senior advocate Abhishek Singhvi, representing Chief Minister Siddaramaiah, to stay its ruling for two weeks, with the judge stating that he could not stay his own order. 

Mr. Siddaramaiah contended that the order permitting his prosecution was unlawful, as the Governor lacked the authority to make such a recommendation without the approval of the state Cabinet. Singhvi further argued that the Governor had "not applied his mind" to the matter, asserting that the sanction for prosecution was "fully reviewable."

"You are negating the mandate of the people... With no inputs taken from me (referring to the state government) by the Governor... this order is judicially reviewable," he told the High Court.

The court, however, indicated that the Governor's sanction could be seen as an "independent decision," suggesting that Mr. Gehlot did not necessarily need to rely on the advice of ministers. 

The Governor's decision to approve the prosecution of Chief Minister Siddaramaiah has sparked a heated political dispute in the southern state, with the Congress veteran accusing Mr. Gehlot of acting as a representative of the Bharatiya Janata Party-led central government rather than in his capacity as the President's representative. Governor Gehlot granted clearance for the prosecution on August 17.

Siddaramaiah, who has also urged the Governor to not "pick and choose" in permitting prosecution, had earlier argued Mr Gehlot's decision is "in violation of the principles of natural justice".

In his strongly-worded petition he further warned the court that "in the absence of interim relief... there is a grave and imminent risk of irreparable harm (to his) reputation".

The Chief Minister argued that upholding the Governor's sanction would lead to "severe prejudice," disrupt governance, and potentially result in political destabilization.

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