Sir,

G.T. Devegowda (GTD), the JD(S) MLA representing Chamundeshwari Constituency, which includes Chamundi Hill, made a reference to Chief Minister Siddaramaiah during the inauguration of Dasara-2024 festivities atop Chamundi Hill yesterday, saying that the Chief Minister need not resign simply because an FIR has been registered against him.

GTD also asked whether Union Minister H.D. Kumaraswamy of JD(S) against whom an FIR has been filed, should resign.

Stating that there are many Ministers against whom FIRs are filed, G.T. Devegowda asked, should all of them go to Vidhana Soudha and resign?

Though an FIR has been filed against H.D. Kumaraswamy, the Police Officers investigating the case are under the State Government’s control and the accused Kumaraswamy has no power over those investigating officers. Therefore, H.D. Kumaraswamy need not resign.

But the accused No. 1 in MUDA scam Siddaramaiah must resign because the investigating Police Officers in this case are controlled by the Siddaramaiah Government. Naturally, this raises questions that should be clear to anyone with basic common sense.

Former Lokayukta Justice N. Santosh Hegde once remarked that the Lokayukta has only administrative authority and no investigative powers. This power rests solely with the Police under the Government’s control. He noted that under such constraints, even the Lokayukta can do little and must proceed based on the Police investigation report submitted to it. Even the current Lokayukta Justice B.S. Patil echoed the same opinion in a recent interview to a TV channel.

High Court Judge Justice M. Nagaprasanna, while ruling on a petition filed by Chief Minister Siddaramaiah challenging the Governor’s sanction for his prosecution in the MUDA scam, stated that the Governor had thoroughly examined the case from all angles before granting sanction. The Judge asserted that an investigation into Siddaramaiah must proceed.

Following the verdict, senior advocate Abhishek Manu Singhvi, representing Siddaramaiah, requested a 15-day stay on the ruling. However, Justice Nagaprasanna refused, explaining that he could not stay his own verdict as Siddaramaiah can seek relief in an appeal. However, Siddaramaiah is yet to file an appeal, which is a separate issue.

Nevertheless, MLA G.T. Devegowda’s assertion that CM Siddaramaiah need not resign is legally and morally indefensible under any circumstances, neither under the Constitutional Morality nor under the principle of natural justice. Not surprising, I learn, a writ petition is filed seeking to hand over the investigation to the CBI.

It is a paradox that the Congressmen, who swear by the Preamble of the Constitution and took a pledge on it at the function atop Chamundi Hill — which looked odd at a religious function — failed to respect the Constitutional Morality in the matter of MUDA site scam.

— Dr. K.B. Ganapathy, Founder-Editor, Star of Mysore and Mysuru Mithra, Mysuru, 3.10.2024

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