Governor sanctions prosecution of C M, Yeddyurappa

Mangalore Today News Network

Bangalore, Jan 21:  The bitter political war in Karnataka reached a crescendo tonight when Governor H R Bhardwaj sanctioned prosecution of Chief Minister B S Yeddyurappa in alleged land scams. 

 
BJP hit back at the Governor calling the decision constitutionally improper and politically motivated.

The sanction of the Governor for prosecuting Yeddyurappa in an appropriate Court of Law for various "grave" allegations of corruption and criminal misconduct came on a day when the two attacked each other.

The Governor has been has been engaged in an open battle with the Chief Minister on charges of corruption against ministers, especially the Reddy brothers, in the BJP government in the state.

A Raj Bhavan communique said the sanction was accorded under Section 19(1) of the Prevention of Corruption Act, 1988 and Section 197 of the Criminal Procedure Code, 1973. Both the provisions relate to Governor’s powers to grant sanction against public servant.

However,the communique remained silent on the petition filed by Lawyers Forum, which had also sought permission to prosecute Home Minister R Ashoka, alleging involvement in land denotification scam.

The Governor’s action comes on the Forum’s petition on land allotment by the Chief Minister allegedly in favour of his relatives.

There have been instances when Governors have given sanction for prosecution of a sitting Chief Minister like in the case of A R Antulay, J Jayalalithaa, Mayawati and Lalu Prasad.

In the midst of a war of words between him and the Government, Bhardwaj advanced his decision by a day on the petition. The Governor had said yesterday he would decide in two days.

Karnataka Lok Ayukta Santosh Hegde, a former Supreme Court judge, who had himself resigned last year over differences with the state government on corruption issue, said a judge of an appropriate court has to look into the cases against the Chief Minister and then take a decision whether to go ahead with the case.

Yeddyurappa thus became the first ever chief minister in Karnataka to face prosecution over allegations of corruption and land scams in the state history.

An unfazed Governor stood his ground brushing aside all accusations hurled at him, including of being an agent of Congress and rejected a state cabinet resolution to "drop" prosecution proceedings.

Angered over the Governor’s latest outbursts, the BJP also went into a combative mode with Yeddyurappa demanding an unconditional apology from Bhardwaj for making certain remarks against his government.

Hours before giving the prosecution sanction, Bhardwaj sent a hard hitting letter to Yeddyurappa, telling him bluntly that he cannot "put a lid" on serious allegations of corruption and dismissed as "unwarranted" the January 19 cabinet resolution.

"The sum and substance of the Cabinet decision is it simply requires me to put a lid on the serious allegations of corruption against you (chief minister),"  Bhardwaj said.
Reacting sharply, Yeddyurappa said, "it is nothing but broad daylight murder of democracy and justice".

"What the opposition parties could not achieve directly through the mandate of the people has been achieved by them through the officer of the Governor and Raj Bhawan," he said.

Amid the brewing political storm, BJP announced state-wide anti-Governor protests tomorrow and "Raj Bhavan chalo" on January 25, besides deciding to meet President Pratibha Patil in New Delhi on January 24 to seek the governor’s recall.

The cabinet resolution had asked the Governor to drop the proceedings to prosecute Yeddyurappa and Ashoka, saying such a move was nothing short of "farce and colourable" exercise on his part.

Governor’s characterisation of the cabinet resolution as a "case of a thief admonishing a policeman" further infuriated Yeddyurappa who sought an "unconditional apology’ from Bhardwaj, saying he has insulted the people of the state.

"For his remarks, he (Bhardwaj) should tender an unconditional apology. He has insulted the people of the state", Yeddyurappa said.

BJP earlier unleashed a blistering attack on the governor whom it accused of "behaving like a petty politician" and having "desecrated" the office.

Expressing his resolve to act, Bhardwaj in his today’s letter told Yeddyurappa in clear terms that "the governor is entitled to and required to take an independent decision on the basis of the material available".