Neutral, objective & non-partisan investigation must in MUDA case: K’taka Guv
Bengaluru: Karnataka Governor Thawar Chand Gehlot on Saturday said that a neutral, objective and non-partisan investigation must be conducted in the Mysuru Urban Development Authority (MUDA) land case which allegedly involves Chief Minister Siddaramaiah.
“Upon perusal of the petition along with the materials in support of the allegations in the petitions and reply of Chief Minister and the advice of the state Cabinet along with the legal opinion, it seems there are two versions to the same set of facts. A neutral, objective and nonpartisan investigation must be conducted in the MUDA case,” reads the seven-page order of the Governor issued to Chief Secretary Shaalini Rajneesh.
The Governor said he is prima facie satisfied that the allegations and the supporting materials disclose the commission of offences.
“I am satisfied that sanction can be accorded against Chief Minister on the allegations of having committed the offences as mentioned in the petitions of T.J. Abraham, Pradeep Kumar and Snehamayi Krishna. I hereby accord sanction against Chief Minister Siddaramaiah under Section 17 A of the Prevention of Corruption Act, 1988 and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the commission of the alleged offences as mentioned in the petitions,” the Governor said.
Commenting on the advice of the Cabinet to reject the show cause notice to Siddaramaiah and also reject the petition, the Governor said that in cases where prima facie is made out, “sanction to prosecute high functionaries is refused or withheld, democracy itself will be at stake.”
He said that it is a well-settled legal principle that the person against whom allegations are made, should not be empowered to decide the course of action.
“Even after such grave allegations being involved in the present matter and the fact that the materials prima facie support the allegations, therefore, the decision taken by the council of ministers is irrational,” the Governor said.
On the formation of a commission under the chairmanship of a retired judge and single-member committee previously, the Governor said that it appears from the terms of reference of the high-level single-member inquiry committee that there are serious allegations involving illegal allotment of alternative sites, illegal allotment of land and irregularities in allocation of land.
The Governor said that further, constituting a committee under an IAS officer and immediately constituting one more committee under a retired Judge of the High Court and the government’s acceptance that there is a potential big-ticket scam in the allotment of sites by MUDA does not inspire much confidence.
The development is a major setback for Chief Minister Siddaramaiah and the Congress government in Karnataka.
Social activists Pradeep Kumar SP, TJ Abraham and Snehamayi Krishna had filed petitions against Siddaramaiah in connection with the alleged MUDA land case.
They had claimed that Siddaramaiah had misused his office to create fraudulent documents over 3.17 acres of land near Mysuru city and got 14 sites allotted from the MUDA in the name of his wife.
Siddaramaiah had refuted the allegations and maintained that the Congress government would fight politically and legally if the permission for prosecution against him in the case was granted by the Governor.
The Karnataka Cabinet had also taken a decision and advised the Governor to reject the petitions against Siddaramaiah and not to accord sanction for prosecution.
