Big setback for Siddaramaiah in Karnataka High Court in land case

Big setback for Siddaramaiah in Karnataka High Court in land case

Mangalore Today News Network

Bengaluru, September 24, 2024: The Karnataka High Court has dismissed Chief Minister Siddaramaiah’s challenge to Governor Thawar Chand Gehlot sanctioning the prosecution of the Congress leader in the alleged MUDA land scam case.

A bench of Justice M Nagaprasanna said the Governor "did apply his mind in abundance" and could, therefore, take an "independent decision" on calling for the Chief Minister’s 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 dismissed a plea by senior advocate Abhishek Singhvi, appearing for the Chief Minister, to stay its order for two weeks. The judge said he could not stay his own order.

The order today echoes observations last month, when Justice Nagaprasanna noted the Governor could have acted on his own initiative regarding permission to prosecute the Chief Minister.

Mr Siddaramaiah contended the Governor’s move is illegal since he cannot act without the sanction of the state Cabinet. Mr Singhvi had earlier said the Chief Minister had not made any decision or recommendation anywhere regarding grants of land, illegal or otherwise.

"The Governor hasn’t applied his mind..." Mr Singhvi said. To this the court pointed out the sanction was an "independent decision" and that Mr Gehlot "need not fall back on ministers’ advice".

The alleged scam is linked to irregularities in land allocation by the Mysuru Urban Development Authority or MUDA. There have been allegations that the allocation of compensatory land parcels to BM Parvathi, Siddaramaiah’s wife far exceeds the value of the land given in exchange.

Activists have alleged that the 14 premium sites in Mysuru allotted to Siddaramaiah’s wife as compensation for acquired land was illegal and led to a loss of ₹ 45 crore to the exchequer.

The Governor gave his consent for prosecution of the Chief Minister on August 17.

Following Mr Siddaramaiah’s petition challenging the order, the High Court took up the matter for hearing on August 19. The Chief Minister has sought that the Governor’s order be scrapped, contending that it is unconstitutional.