Bengaluru: In granting consent to prosecute Chief Minister Siddaramaiah over an alleged scam involving the Mysuru Urban Development Authority (MUDA), Karnataka Governor Thaawarchand Gehlot stated he is prima facie ‘satisfied’ that the allegations and supporting evidence suggest the commission of offenses.

The Governor criticised the Council of Ministers’ decision as ‘irrational’ after they advised him to withdraw his show cause notice to the CM and reject the application for prosecution sanction.

Prosecution sanction was granted under Section 17 of the Prevention of Corruption Act, 1988, and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the alleged offenses mentioned in the petitions.

Governor Gehlot permitted the prosecution following petitions by T.J. Abraham, S.P. Pradeep Kumar and Snehamayi Krishna.

The primary petition, filed by activist-advocate T.J. Abraham, alleged offenses under Sections 7, 9, 11, 12, and 15 of the Prevention of Corruption Act, 1988 (PC Act), and Sections 59, 61, 62, 201, 227, 228, 229, 239, 314, 316(5), 318(1), 318(2), 318(3), 319, 322, 324, 324(1), 324(2), 324(3), 335, 336, 338, and 340 of the Bharatiya Nyaya Sanhita (BNS).

Abraham also sought investigation under Section 17A of the PC Act, Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Section 19 of the PC Act.

Permission to prosecute

Explaining his decision to permit prosecution, the Governor noted he had considered all responses from the Government and the Council of Ministers, labelling their decision as irrational.

Recalling the show cause notice issued to Siddaramaiah on July 26, the Governor said he issued it “upon perusal of the petitions and the materials supporting the allegations.”

The Governor further noted he had reviewed the CM’s denial dated August 3 and the Council of Ministers’ response dated August 1, stating, “The constitution of a committee under an IAS officer, followed by another under a retired High Court judge, coupled with the Government’s acknowledgment of a potential big-ticket scam in MUDA’s site allotment, does not inspire much confidence.”

‘Accused person should not make decisions’

The Governor, noting that the prima facie evidence supports the allegations, stated, “Upon reviewing the petition along with the supporting materials, Siddaramaiah’s reply, the State Cabinet’s advice and the legal opinion, it appears that there are two conflicting versions regarding the same set of facts. It is crucial that a neutral, objective, and non-partisan investigation be conducted.”

The Governor further asserted that it is a “settled legal principle” that the individual against whom allegations are made should not have the power to determine the course of action. Given the facts and circumstances, Gehlot expressed his satisfaction that sanction can be granted against Siddaramaiah concerning the offenses outlined in the petitions.

“Hence, I hereby grant sanction against the Chief Minister under Section 17A of the Prevention of Corruption Act, 1988, and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the alleged offenses mentioned in the petitions,” he added.

Supreme Court ruling

He also deemed the Cabinet’s advice in this matter to be irrational and biased, and thus, not bona fide. Supporting his decision to disregard the Cabinet’s recommendation, the Governor cited the case of Madhya Pradesh Police Establishment vs. State of Madhya Pradesh (2004).

In that ruling, the Supreme Court stated, “If, under these circumstances, the Governor cannot act in his discretion, it would lead to a complete breakdown of the rule of law. Governments could then refuse sanction despite overwhelming evidence of a prima facie case. If sanctions to prosecute high-ranking officials are denied when a prima facie case is clear, democracy itself would be at risk. This would create a situation where those in power could break the law with impunity, knowing they would not face prosecution due to the lack of requisite sanction.”

Politicians from all three major parties are involved

The Governor exercised his authority and granted permission for an investigation into the MUDA scam. From the outset, trouble was inevitable. How they navigate and emerge from this will depend on their actions. In the MUDA case, the Chief Minister is merely a scapegoat. It’s not just the CM; the entire political class and State administration are entangled in the site scam. Politicians from all three major parties are involved. If a fair and impartial investigation occurs, it will provide opportunities to scrutinise all those public representatives who frequently engage with MUDA. But is MUDA being shut down under the pretext of this investigation? Why can’t MUDA continue serving the people? Over 80,000 people have applied for MUDA sites. There are more than a lakh vacant sites in Mysuru. The process of distributing these sites to eligible individuals should proceed alongside the investigation. —D. Madegowda, Former Chairman, City Improvement Trust Board (CITB), now MUDA