MUDA case: Siddaramaiah says pleased with K’taka High Court order; petitioners say it won’t change anything
Bengaluru: Chief Minister Siddaramaiah said on Monday that he is pleased with the Karnataka High Court’s interim direction to a special court in Bengaluru to defer further proceedings on complaints related to alleged irregularities in allotment of sites by the Mysuru Urban Development Authority (MUDA).
The Karnataka CM in a post on social media platform X stated, “As a law-abiding citizen with faith in the Constitution and the judiciary’s power to uphold justice and fairness, I approached the Hon’ble High Court of Karnataka against the illegal and politically motivated decision of the Governor of Karnataka to permit an inquiry and prosecution based on trumped-up allegations against me.”
“I am pleased that the Hon’ble High Court heard the matter and passed interim orders directing the concerned court to defer the proceedings and further instructing that no precipitative action be taken pursuant to the impugned sanction,” he said.
“I am grateful to the Hon’ble High Court and remain confident that ultimately, the truth will prevail,” CM Siddaramaiah added.
On the other hand, petitioners T.J. Abraham, Snehamayi Krishna and S.P. Pradeep Kumar, told IANS that they are confident of getting a ruling against CM Siddaramaiah in the MUDA case and the Karnataka High Court’s Monday’s order “won’t change anything”.
Activist and senior counsel T.J. Abraham said that he is happy with the decision of the High Court. “The court has just asked the Special Court to defer the case… We had to get a copy of the writ petition submitted by the CM from journalists in the morning and place our arguments. After obtaining the copy of the order, we will file objections. It doesn’t alter anything and we will proceed.”
Activist Snehamayi Krishna said, “I am confident that we will get a judgment in our favour and CM Siddaramaiah is going to land in trouble.”
Commenting on the development, senior counsel Siji Malayil opined that the court’s order has clearly set aside apprehensions of filing of FIR and arrest until further orders. The matter is now sub judice with the High Court and one can’t speculate about the turn of events.
Meanwhile, legal experts said that the sanction granted by Governor Thaawar Chand Gehlot only paves the way for an investigation against CM Siddaramaiah under the provisions of the Prevention of Corruption (PC) Act, 1988, and not for his prosecution under the Act.
If any court has to take cognisance of the alleged offences, in case the conduct of investigation leads to the filing of a charge sheet against CM Siddaramaiah, then a separate sanction is required for his prosecution under Section 19 (prior sanction for prosecution) of the PC Act, they explained.
At present, the Governor has granted sanction only under Section 17A of the PC Act, which is limited to permitting the investigating agency to take up the probe, they added.
Governor has also granted sanction for CM Siddaramaiah’s prosecution under Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which authorises any court to even directly take cognisance of offences alleged against him under the provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, based on materials available before the court, without ordering any investigation, the legal experts stated.
CM Siddaramaiah on Monday received much-needed relief from the High Court in connection with a writ petition seeking to quash the order of Governor Thaawar Chand Gehlot, sanctioning an investigation against him.
After the High Court’s order, the Chief Minister obtained temporary immunity from the possibility of an FIR being filed against him. The court has adjourned the matter until August 29, and until then, the lower court is bound not to issue any orders or directions.