'Conspiracy' cries CM as HC says no to plea against prosecution
NT Correspondent Bengaluru: Karnataka Chief Minister Siddaramaiah suffered a setback on Tuesday as the Karnataka High Court (HC) dismissed his plea to overturn the sanction granted by Governor Thaawarchand Gehlot to probe him in the Mysore Urban Development Authority (MUDA) case. The single judge bench of Justice M Nagaprasanna said: “It is not a case of not even a semblance of application of mind by the Governor, but an abundance of application of mind”.
The CM’s counsel Abhishek Manu Singhvi had argued Gehlot’s decision suffered from “nonapplication of mind”. The judge said under normal circumstances, a Governor has to act on the advice of the Cabinet under Article 163 of the Constitution “but can take independent decisions in exceptional circumstances, and the present case projects one such exception”. “The facts narrated in the petition would undoubtedly require investigation, in the teeth of the fact that the beneficiary of all these acts is not anybody outside but the family of the petitioner.
The petition stands dismissed,” Nagaprasanna said. Singhvi tried to get a two week’s stay on the order but to no avail. “I can't stay my own order…. The petition stands dismissed. Interim order of any kind subsisting today shall stand dissolved,” the judge said. Solicitor General (SG) Tushar Mehta appeared for Gehlot. BJP leader Rajeev Chandrasekhar responded to the verdict at a press conference in New Delhi, demanding the CM’s dismissal. “The High Court has validated the action of the governor.
The BJP demands that Chief Minister Siddaramaiah tender his resignation and make way for a free and independent investigation,” he said. The MUDA case refers to Siddaramaiah’s wife Parvai BM receiving 14 plots in Mysuru city, allegedly of far greater value in lieu of land she lost on the outskirts of the city, “causing a loss of Rs 40 crore” to the body. The opposition claims the original site was also owned by MUDA and not properly acquired by the CM’s brother-inlaw BM Mallikarjunaswamy, who had then made a gift deed of it to Parvati.
Will not resign, has HDK quit?: CM
CM Siddaramaiah on the other hand backed by his MLAs, Cabinet and the Congress high command, refused to resign. “Why should I resign? Has (HDK resigned? He is on bail, ask him....it is only said that inquiry needs to be done. At the inquiry stage itself, resignation is sought. I will answer them...We will face them politically because it is a conspiracy,” CM said. Accusing the BJP and the JD(S) of “conspiracy, misuse of Raj Bhavan”, the CM said: “I still say I have done no wrong.” On August 16, Gehlot had granted sanction to probe the CM under Section 17A of the Prevention of Corruption Act, 1988, and Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 in response to applications by three RTI activists. Now, the court has dismissed the sanction under Section 218 of the BNSS Act.
"There is no question, the CM has not done anything wrong. He is not involved in any scam. It is a political conspiracy by the BJP against all opposition leaders in the country, this is what is going on." —Deputy CM Shivakumar
“It's a victory of truth and vindication of our fight against corruption. AICC President (Mallikarjun) Kharge and LoP RahulGandhi must immediately seek CM's resignation and make way for free and fair investigation.” —R Ashoka, Leader of the Opposition in the Assembly
“I did not put pressure on Siddaramaiah to resign. I merely explained the facts to the people. There is a provision to protect yourself under the law and the Constitution. The court will give a fitting verdict if they find that activities have taken place outside the fold of the law.'' —HD Kumaraswamy, Union Minister, on Siddaramaiah demanding that he resign