“I repeat… that all power is a trust — that we are accountable for its exercise — that, from the people, and for the people, all springs, and all must exist.”

— Benjamin Disraeli quoted by Justice M. Nagaprasanna in the closing part of his judgement. Mahatma Gandhi, Vinoba Bhave and Jayaprakash Narayan have said the same about the government being a Trust for the people

In the history of Karnataka politics, after Independence, there have been many red-letter days, there have been many idealistic and pragmatic Chief Ministers who introduced many people-friendly, welfare-oriented, corruption-free administration.

We had visionary Chief Ministers like Kengal Hanumanthaiah, S. Nijalingappa, Veerendra Patil, D. Devaraj Urs, Ramakrishna Hegde (who had the courage to resign on moral grounds and could bounce back to power with popular mandate) and S.M. Krishna who was known as numero uno, No. 1 Chief Minister of India. It was he who turned Bengaluru into an electronic city and got it the epithet Silicon Valley of India. There were others too only to fill the power vacuum. They created more turbulence in the State administration than tranquillity and progress. Today we are faced with one such turbulent time in our State’s history. The Chief Minister responsible for this disturbing turbulence is Siddaramaiah.

Last Tuesday, 24th day of September 2024, was the blackest day in the history of Karnataka politics since Independence. Chief Minister Siddaramaiah himself is in the eye of the storm. He himself could have saved Karnataka from this ignominy, if we ignore many other lapses under his leadership, including those related to discrimination, favouritism and not the least, the failed law and order. But he did not care. Instead he kept harping on the backing of his 135 MLAs and support of his Cabinet colleagues.

However, this country is ruled not by the politicians alone, no matter how popular and powerful they are; this country is ruled by the law also. In fact the law is more powerful than the politicians no matter how many MPs and MLAs are with them.  Which is why it is the credo of a Democratic country that “How so ever high you are, Law is above you.”

And Karnataka today is a witness to this highest guiding light of the Law. And thanks to the Honourable Mr. Justice M. Nagaprasanna who delivered a path-breaking judgement last Tuesday that gave a body blow to the high and mighty among the Karnataka politicians, specially Siddaramaiah, who assumed to be invincible even before the law. But Karnataka judiciary rose to the height of a Solomon’s Court.

About democracy, famous men have said that it can survive and prosper only if there is Freedom of the Press. No. I have seen it in 1975. Now after last Tuesday’s judgement, I can say democracy can survive and prosper only if there is a Fearless Judiciary with Judges like Justice M. Nagaprasanna. Judges who interpret the law of the land not merely by its letter (technical grounds!) but also by its spirit. The spirit with which the law and its purpose were conceived by the law-makers.

As I was going through the Judgement of the Honourable Mr. Justice M. Nagaprasanna, written in such simple, easy-flowing language with surgical precision using the scalpel of a pen, I could not help recalling another great judge of the Bombay High Court (in 1980s) Justice Bhaktavar Lentin. In an interview he gave to Express Magazine on September 13, 1987 he was asked about his philosophy of life that governed his worldview and judgeship. Justice Lentin’s reply was prompt: “To help the lame horse across the stile.” He further said: “In determining justice, I see no reason not to bend laws to help someone who deserves to be helped. This is perfectly tenable in law.”

Well, this is the spirit of the law he was talking about.

Here I must also connect the One Man Commission, headed by Justice Lentin to inquire into the deaths at the State-run J.J. Hospital caused by the administration of adulterated glycerol to patients, to the complaints by three RTI activists in the present case against CM Siddaramaiah. I do it just to show the audacity of politicians in power and the courage with which a judge like Justice Lentin took them on and showed them their place.

When the Maharashtra’s Minister for Public Health Bhai Sawant protested in the witness box that the Commission was not appointed “as an inquiry against Ministers,” he was immediately cut down to size by Justice Lentin who thundered: “If you think this Commission does not include Ministers you have missed the whole purpose. This is not merely an inquiry into the death of those unfortunate 14 people in J.J. Hospital. The inquiry is looking into the probity of public office and administration in high places. Sit down Minister.”

I guess this Hon’ble Justice Nagaprasanna is cast in the same moral, humane and                                  intellectual mould as Justice Lentin, if one goes through his judgement. Well, if it was not merely 14 lives in Justice Lentin’s case, it is not merely 14 sites in Justice Nagaprasanna’s case. Both the judges have raised the level of probity to a sublime height beyond deaths and sites.

His observations in para 55 — about withdrawing of a resolution being considered contrary to law and 14 sites granted on the basis of an illegal resolution and para 56 — “In the opinion of the Court, the Chief Minister, a leader of the proletariat, the bourgeois and of any citizen, should not fight shy of any investigation,” speak loudly and eloquently in an enigmatic language about the Chief Minister as a leader. As Jesus says, those who have ears may hear, those who have eyes may see.

The order of the judge opens significantly thus: ‘The petitioner is the Chief Minister of the State of Karnataka.’ What a sad moment that a Chief Minister, in his individual position, had to seek refuge in the High Court to save himself from an imminent prosecution on corruption charges and was refused                     relief. But what drove him to this Hall of Justice? I read it all earlier too but now I read it in the judgement.

It says: The three complainants — Respondents 3, 4 and 5 — first seek to register a complaint before the jurisdictional Police. The complaint was not acted upon. The 3rd respondent T.J. Abraham (complainant) approached the Commissioner of Police. But no action taken. He then knocked at the door of the Special Court (under Section 200 of Cr.PC). This Court kept the proceedings in abeyance awaiting approval by the competent authority (Governor) under Section 17-A of the Prevention of Corruption Act. The drama unfolds from now on.

O, my Goddess Democracy! Mercy be upon we the citizens. The legal proceedings to file a complaint against a Chief Minister of Siddaramaiah’s power and hubris, with 135 MLAs, is really Byzantine in its complexities.

And finally let me inflict upon my readers those golden words of Dr. B.R. Ambedkar once again, because the context requires us to be reminded of his wisdom. This is what he said on Jan. 26, 1950: “If hereafter things go wrong, we will have nobody to blame except ourselves. Not to lay their liberties at the feet of even a great man or to trust him with powers which enable him to subvert their institutions…”

In Mysuru our Institution known as MUDA has already been subverted.

Let people of Karnataka introspect because this is a moment of Truth.

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