MUDA case: Setback for CM Siddaramaiah as HC rejects plea questioning governor’s nod for prosecution

BENGALURU: In a major setback for Chief Minister Siddaramaiah, the High Court of Karnataka on Tuesday rejected his plea challenging the governor’s sanction for prosecution in the alleged MUDA site allotment case. With this, the high court has given the green signal for investigation into the alleged scam.

Justice M Nagaprasanna, who had reserved the judgment on September 12, on Tuesday ruled that Governor Thaawarchand Gehlot had applied his mind while sanctioning prosecution of Chief Minister Siddaramaiah and was right in rejecting the cabinet’s recommendation.

While Supreme Court lawyer Abhishek Manu Singhvi appeared for Siddaramaiah, Solicitor General Tushar Mehta argued for Governor Thaawarchand Gehlot via video conference. Singhvi sought a stay on the order claiming that they will approach the Supreme Court, but the Justice Nagaprasanna declined and said the defendents could challenge the order in the apex court.

Following the judgment, CM Siddaramaiah may have to face trial and an FIR is likely to be lodged against him. He may also take the legal fight to the Supreme Court without tendering his resignation after consultation with legal experts.

The complainants Snehamai Krishna and T J Abraham had alleged that MUDA illegally allotted 14 sites to Chief Minister Siddaramaiah’s wife in a prime location in Mysuru city. The High Court, in its interim order on August 19, had granted a temporary relief to Siddaramaiah by directing a special court in Bengaluru to defer further proceedings and not to take any precipitative action pursuant to the sanction granted by the Governor.

On August 31, the office of the governor told the high court that the sanction granted to prosecute Chief Minister Siddaramaiah in the alleged MUDA scam was done after “application of mind”.

Governor Thaawarchand Gehlot has given sanction for prosecution of Chief Minister Siddaramaiah in the alleged MUDA site allotment scam.

In August, amid the row over Governor Thaawarchand Gehlot granting permission for the prosecution of Chief Minister Siddaramaiah, state ministers and Congress legislators conducted a ‘Raj Bhavan Chalo’. The Congress has accused the Governor of discriminatory behavior alleging that several other cases are also pending before the Governor, but he has not made any decisions on them.

Meanwhile, Governor Gehlot last week wrote to the state’s Chief Secretary, Shalini Rajneesh, over the alleged MUDA scam and demanded a detailed report along with documents at the earliest. The letter mentioned that P S Nataraj, Mysuru, has submitted a detailed representation dated August 27, wherein he has informed that the Mysuru Urban Development Authority has undertaken works worth Rs 387 crore in violation of Sections 15 and 25 of the Karnataka Urban Development Authority Act, 1987, on the oral instruction of the Chief Minister in his constituency, Varuna and also in Srirangapatna constituency.

“The petitioner has also informed that, in spite of the non-availability of funds in the authority, a decision has been taken on the oral instruction of the Chief Minister. Further, he alleged that by doing this, the authority has misused its power and requested to conduct an inquiry from CBI. Since the allegation is serious in nature, it is directed to look into the matter and submit the detailed report along with documents at the earliest”, the governor said.