Karnataka High Court Grants Interim Relief to Chief Minister Siddaramaiah, Orders Deferral of Proceedings
(Judicial Quest News Network)
20, August,2024
In a significant development, the Karnataka High Court has granted temporary relief to Chief Minister Siddaramaiah by directing a Bengaluru special court to postpone further proceedings related to alleged irregularities in the allotment of sites by the Mysore Urban Development Authority (MUDA) until August 29.
The court’s order, issued by Justice M. Naga Prasanna, is a response to a petition filed by Siddaramaiah challenging the legality of the sanction granted by Governor Thavarchand Gehlot. This sanction permits investigation under Section 17A of the Prevention of Corruption Act and prosecution under Section 218 of the Bharatiya Nagrik Suraksha 2023. Siddaramaiah’s petition argues that the Governor’s decision was arbitrary and lacked due consideration, as it diverged from the cabinet’s advice to reject the application for sanction.
The interim order arose from concerns that the special court, which handles criminal cases involving former and current Members of Parliament (MPs) and Members of the Legislative Assembly (MLAs), was set to make a critical decision on August 28 regarding one of the complaints against Siddaramaiah. Justice Prasanna determined that any ruling by the court on that date could undermine the ongoing judicial review of the Governor’s sanction.
The Governor had granted the sanction on August 17 following applications from Bengaluru-based social activists Pradeep Kumar SP and TJ Abraham, and Mysore-based Snehamayi Krishna. Siddaramaiah’s legal team, led by senior advocate Abhishek Manu Singhvi, contended that the Governor’s decision was made hastily and without adequate reasoning. They argued that the Governor failed to consider a detailed response from the Chief Secretary submitted on July 27, and from the cabinet on August 1, which pointed out significant factual and legal issues with the sanction application.
Singhvi further criticized the selective nature of the Governor’s decision, noting that several other sanction requests involving high-profile figures, including Janardhan Reddy, Shashi Kala, and Basavaraj Bommai from the BJP, have been pending for extended periods. He argued that the Governor’s action reflected bias and was influenced by private interests rather than objective evaluation.
In contrast, Solicitor General Tushar Mehta informed the court that no other applications for sanction are pending with the Governor. He clarified that the sanction was limited to authorizing an investigation and requested that the court refrain from intervening at this stage. Mehta emphasized that under Section 17A of the Prevention of Corruption Act, sanction for investigation is a procedural step granted to police officers, not a permanent judicial measure.
The court’s interim relief to Siddaramaiah is set to remain in effect until August 29, pending further hearings on the matter.
