Chief Justice to decide on who would hear petition

Bengaluru: Chief Minister Siddaramaiah moved the Karnataka High Court (HC) this morning, challenging the order issued by Governor Thaawarchand Gehlot to prosecute him in the alleged Mysuru Urban Development Authority (MUDA) sites scam.

The CM filed a writ petition seeking to cancel the permission granted for prosecution. The petition, submitted by former Advocate General Prof. Raviverma Kumar, was presented before Justice Hemant Chandangoudar’s Single-Judge Bench.

The 47-page petition, titled Siddaramaiah Vs State of Karnataka and Others, includes 16 annexures, a vakalat, and an interim application for dispensation, all drafted by Siddaramaiah’s advocate, Shathabish Shivanna from AKS Legal, MLA Layout, R.T. Nagar, Bengaluru.

During the hearing, Justice Chandangoudar noted that the petition should have been filed in the Special Court for Public Representatives. The advocate explained that due to the urgency and State-level importance of the matter, the Writ Petition was filed in the High Court.

The case is scheduled for hearing at 2.30 pm today. Justice Chandangoudar informed the petitioner’s advocate that Chief Justice Nilay Vipinchandra Anjaria would decide whether the case would be heard by the Single-Judge Bench or if a Special Bench would be constituted.

The petition names activists Snehamayi Krishna and S.P. Pradeep Kumar as respondents 3 and 4, along with T.J. Abraham, who sought the Governor’s permission for prosecution against the CM.

Sibal and Singhvi to argue

Eminent Supreme Court lawyers Kapil Sibal and Abhishek Manu Singhvi will represent Siddaramaiah when the case is listed for hearing. Sibal has already arrived in Bengaluru, while Singhvi is expected to arrive later today after filing his nomination papers in Hyderabad for the Rajya Sabha seat from Telangana, according to reports.

In his petition, Siddaramaiah has prayed the High Court to quash the Governor’s permission for his prosecution under the Prevention of Corruption Act, 1988. He is also seeking an interim stay on the order and any other directions the Court may deem appropriate.

The CM faces allegations that his family accepted 14 high-value sites in an upscale Mysuru neighbourhood in exchange for 3.16 acres of land acquired by MUDA at Kesare village on the city’s outskirts.

Violates principles of natural justice

In his petition, Siddaramaiah argues that the Governor’s order violates the principles of natural justice and is not sustainable under the law. “The impugned order passed by the Governor is prima facie illegal and lacks authority under the law. The Governor failed to examine the legal propositions and exercised his powers contrary to the provisions of the Constitution of India,” he stated.

He said that the Governor’s order suffers from several legal infirmities, including noncompliance with mandatory statutory provisions such as Section 17A of the Prevention of Corruption Act, 1988 and Section 218 of the Bharatiya Nyaya Sanhita, 2023.

The petition also highlights the public interest, arguing that the smooth functioning of the State Government and upholding the rule of law are at stake. Siddaramaiah calls for the Court’s intervention to stay the execution and operation of the Governor’s order until the writ petition  is fully adjudicated.