MUDA case hearing adjourned: Guv can’t act as investigator, says AG
Bengaluru: The Karnataka High Court Bench hearing Chief Minister Siddaramaiah’s case against Governor Thaawar Chand Gehlot, on Monday adjourned the hearing to September 12.
The Bench, headed by Justice M Nagaprasanna was looking into the writ petition filed by CM Siddaramaiah challenging the prosecution order against him by Governor Gehlot in the Mysuru Urban Development Authority (MUDA) case.
Advocate General, K Shashi Kiran Shetty, presenting his arguments for CM Siddaramaiah submitted to the court that the Governor cannot act as an investigator.
The preliminary enquiries will have to be conducted by an investigator and not by the Governor himself, Advocate General Shetty argued and added that there was no provision under the law for the procedure followed by Gehlot in this case.
The permission for sanction has to be given through a police officer under the provisions of Section 17 (A) of the Prevention of Corruption Act, he said.
Referring to former chief minister, BS Yediyurappa’s case, AG Shetty stated, “In the de-notification for which the prosecution was sanctioned by then Governor, the decision was taken by Yediyurappa himself.”
“The Governor should have to see if there is an act of crime in the decisions made by the CM. If these complaints are entertained, every day, there will be many cases lodged. The CM’s decision or recommendation should reflect an element of crime,” he submitted.
Lakshmi Iyengar, appearing for petitioner Snehamayi Krishna, argued that there was evidence against CM Siddaramaiah’s role in the MUDA case.
“CM Siddaramaiah’s wife does not have any source of income. The property of the wife in this case has to be considered belonging to the husband,” she maintained.
Abhishek Manu Singhvi, the senior counsel for CM Siddaramaiah will make the second round of submissions on September 12.
The CM is represented by senior counsel Abhishek Manu Singhvi and the Governor’s office is represented by the Solicitor General of India, Tushar Mehta. The case is reaching its final stage, and an order is likely to be pronounced by the weekend.
The Karnataka government has suspended former MUDA Commissioner, GT Dinesh Kumar in connection with the charges against him during his tenure at the civic agency.
Dinesh Kumar has been placed under suspension with immediate effect, pending an enquiry. He has also been instructed not to leave the headquarters without permission.
Singhvi has argued that the Governor did not follow the principles of natural justice while granting permission for a probe against CM Siddaramaiah. He also stated that the Governor did not consider the advice given by the Cabinet in this matter.
Defending the Governor, Tushar Mehta submitted that the decision was made lawfully and that all due process was followed.