No HC decision yet on Guv order for CM prosecution

Bengaluru, NT Bureau: The Karnataka High Court on Thursday adjourned to Saturday the hearing on Chief Minister Siddaramaiah's petition challenging the legality of Governor Thaawarchand Gehlot's sanction for his prosecution in the Mysuru Urban Development Authority (MUDA) case.

The court also extended its August 19 interim order directing the special court for people's representatives that was slated to hear complaints against him in the case, to defer its proceedings till the next date of hearing.

Appearing for the chief minister, noted lawyer Abhishek Manu Singhvi made submissions when the hearing resumed. "Heard the learned senior counsel Abhishek Manu Singhvi, who has completed his submission for the present and would reserve his right of rejoinder submissions.

Once the submissions are concluded by the respondents, the learned solicitor general (of India Tushar Mehta who appeared for the Governor) submits that the matter would be taken up on 31st (August), he would complete his submissions on the said date.

List the matter on Saturday at 10:30 am," said Justice M Nagaprasanna. Siddaramaiah told the High Court that the Governor's sanction order permitting the former's prosecution in the alleged MUDA "scam" was without "application of mind " , questioning the latter's decision making process which pointed to violation of principles of natural justice.

People like the Governor should be restrained. Anybody on the road comes to him and says give me sanction. He is so eager (and) he grants. —Representing CM Siddaramaiah, Senior Advocate Dr AM Singhvi

Singhvi also said there has been no action (by the Governor) on request for prosecution against former BJP Ministers Shashikala Jolle, Murugesh Nirani, G Janardhan Reddy, and H D Kumaraswamy (JDS leader and Union Minister) against whom investigation is complete and chargesheet have been filed.

In the petition, the chief minister submitted that the sanction order 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.

He sought quashing of the Governor's order contending that his decision is legally unsustainable.