MUDA scam: K’taka HC adjourns hearing, Sibal says Governor’s sanction will lead to anarchy
Bengaluru: The Karnataka High Court has adjourned the hearing on the appeal petition filed by Chief Minister Siddaramaiah questioning the Governor’s sanction for prosecution in the Mysuru Urban Development Authority (MUDA) scam to January 25.
The bench, headed by Chief Justice N.V. Anjaria, heard the matter on Thursday. Senior counsels Kapil Sibal and Abhishek Manu Singhvi represented Chief Minister Siddaramaiah.
After hearing the arguments and counterarguments, the bench directed that notices be issued to the respondents. However, the court declined to issue a stay on the petition seeking a Central Bureau of Investigation (CBI) probe into the MUDA scam.
Senior counsel Kapil Sibal representing the state government argued that the Governor does not have the authority to sanction prosecution against the Chief Minister. He contended that the High Court needs to address constitutional questions. In cases involving government employees, consent for prosecution must be given by those who appointed them.
“The Governor lacks authority to permit an investigation against the Chief Minister. The sanction for a probe against the CM should not be granted in this manner. If allowed, it will lead to anarchy in the country,” Sibal argued.
He further said that the inquiry regarding the CBI probe could be taken up in January. He proposed that the division bench complete its inquiry before the single bench of the High Court addresses the matter.
Senior counsel Abhishek Manu Singhvi submitted that the Governor’s actions violated Section 17(A) of the Prevention of Corruption Act. He emphasized that consent for prosecution must be sought through a police officer, a point overlooked by the High Court.
Singhvi also argued that the Governor must act in accordance with the Cabinet’s recommendations, as directed by the Supreme Court. He questioned the High Court’s decision to uphold the Governor’s actions, asserting that the Cabinet would naturally support the Chief Minister.
He demanded that the petition seeking a CBI probe, scheduled to be heard by the single bench on December 10, be postponed.
Chief Justice Anjaria responded by stating that arguments on this matter could not be heard without serving notices to the respondents.
Advocate General Shashi Kiran Shetty requested the bench to adjourn the matter to January.
Senior counsel Dushyanth Dave, representing J. Devaraju, the fourth accused in the MUDA case, argued that his client had no connection to politics, yet was being investigated.
He submitted that the High Court had sought a report from the Lokayukta and demanded a stay on the High Court’s order.
Dave further contended that the issue of de-notification is not new and that petitions submitted by farmers in this regard would be considered by the government.
He pointed out that while the High Court mentioned the land value increasing from Rs 3 lakh to Rs 56 crore, there is no connection between these developments and his client.
He argued that it is unreasonable to prosecute someone for events that occurred in 1998.
He also highlighted that Devaraju, being 80 years old, is not in a position to face criminal prosecution. He alleged that the petition seeking a CBI probe was malicious.
Chief Justice Anjaria observed that it would not be appropriate to stay the single bench’s verdict. He further maintained that it would not be possible to interfere with the petition seeking a CBI probe and suggested approaching the single bench on this matter.
The bench clarified that it would not express any opinion on the single bench’s verdict, as doing so could influence the investigation.
Senior counsel K.G. Raghavan, representing complainant Snehamayi Krishna in the MUDA case, stated that the single bench of the High Court had merely issued notices, and these notices were unrelated to the current matter.
The hearing had assumed importance in the backdrop of the Enforcement Directorate (ED) writing a letter to the Karnataka Lokayukta probing the MUDA case and stating that its probe has revealed illegalities in the site allotment process. The ED is also probing the matter.
The Karnataka government on Wednesday criticised the ED for writing a letter to the Karnataka Lokayukta in the MUDA case allegedly involving Chief Minister Siddaramaiah. Minister Priyank Kharge said that the ED and IT are “puppets” of the Central government.
He claimed that it is being done to divert attention from Covid-19 and other cases of the BJP. “People have given a verdict against BJP’s communal politics. We will fight this politically and legally,” he said.
Chief Minister Siddaramaiah had reacted to the ED letter saying that it was being done to “influence” the judiciary.
