Governor should not pick and choose: Siddaramaiah on prosecution sanction

Mangalore Today News Network

Bengaluru, August 20, 2024: Karnataka Chief Minister Siddaramaiah on Tuesday said Governor Thaawarchand Gehlot should function like a representative of the President of India and not the central government.

He said the Governor should not ’pick and choose’ and be selective in the matter of granting sanction for prosecution.

"Governor is a constitutional post and we respect it. What we say is that he should work as a representative of the President of India and not the Central government," Siddaramaiah said.

Mr Gehlot on August 16 granted sanction permitting investigation against Siddaramaiah under 17A of the Prevention of Corruption Act and prosecution under Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with the Mysuru Urban Development Authority site allotment ’scam.’

The Chief Minister recalled that the Karnataka Lokayukta had sought Governor’s approval to prosecute Union Minister for Steel and Heavy Industries H D Kumaraswamy on November 23, 2023 in connection with Sri Sai Venkateshwara Minerals case but till now no permission has been granted.

The state ombudsman on Monday again submitted a proposal to the Governor seeking his permission to file a charge-sheet against Mr Kumaraswamy, who had allegedly granted mining lease to the private firm when he was the Chief Minister in 2007 in violation of law.

Siddaramaiah also pointed out that the Governor did not give permission to the Lokayukta to prosecute former BJP Ministers Shashikala Jolle, Murugesh Nirani and G Janardhana Reddy.

"On the other hand, T J Abraham lodged a (private) complaint against me with the Governor on July 26 at 11 am and 10 hours later I was served a show-cause notice. Isn’t it discrimination? That’s the reason that the Governor was told not to use ’pick and choose’ and should not do it selectively," Siddaramaiah said.

In his writ petition challenging the Governor’s order in the High Court on Monday, the Chief Minister submitted that it was 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.

Siddaramaiah, who has vehemently denied any wrongdoing, said the Governor’s decision is legally unsustainable, procedurally flawed, and motivated by extraneous considerations.

On the petition filed by him, the High Court passed interim orders directing the trial court to defer proceedings on complaints against him and further instructing that no precipitative action be taken pursuant to the sanction till August 29.

The BJP has demanded the Chief Minister’s resignation to pave way for a transparent and unbiased investigation.