Manas Dasgupta
NEW DELHI, Sept 24: In a setback to the chief minister Siddaramaiah, the Karnataka High Court on Tuesday rejected his petition challenging the Governor Thawar Chand Gehlot’s decision to sanction his prosecution in the alleged MUDA scam case and also refused to stay his order to give time for appealing to higher courts.
A bench of Justice M Nagaprasanna said the Governor “did apply his mind in abundance” and that the order (sanctioning prosecution) “does not suffer from non-application of mind…” “There is no fault in the Governor’s actions. The facts narrated need investigation. The petition is dismissed,” the court said. The court subsequently also dismissed a plea by senior advocate Abhishek Singhvi, appearing for the Chief Minister, to stay its order for two weeks. The judge said he could not stay his own order.
Even as his deputy and the state Congress president DK Shivakumar said the High Court decision was no setback to Mr Siddaramaiah and the Congress, the chief minister underlined his confidence in the judicial system and slammed the BJP’s “revenge politics.” He declared, “I believe in the law and the Constitution… The truth will finally win.”
A combative Chief Minister also labelled the land scam allegations a “sham” and ripped into opposition leaders who, this afternoon, once again demanded he quit. The charges against him and the calls for his resignation, he thundered, were because the BJP had no answer to his welfare schemes.
The High Court’s ruling means the lower court can now initiate legal proceedings against the Chief Minister, which will include filing a first information report and ramp up pressure on Siddaramaiah. The High Court had earlier directed the trial court not to take any action on the governor’s order till its verdict on the chief minister’s petition.
Ahead of the verdict, security had been ramped up around his residence and the police were told to be on high alert to avert “untoward incidents,” underlining the political tension over the alleged land scam.
Shortly after the verdict the BJP which has targeted the Congress government and Siddaramaiah in this matter – was up in arms, demanding, again, the Chief Minister quit. BY Vijayendra, the BJP’s state unit chief, demanded Siddaramaiah “resign immediately, without further delay.” “BJP has been relentlessly fighting against the corrupt Congress government. They (the Congress) said BJP is plotting a political conspiracy… but the High Court has clearly said the decision taken by the Governor is correct. Accepting this decision, the Chief Minister should resign immediately…”
The Congress – for whom the verdict has been seen as a setback, particularly with the Haryana election next week – has backed Siddaramaiah, with Mr Shivakumar, alleging “a big conspiracy.” “I am telling you again… there is no setback for the Chief Minister. It is a big conspiracy against our leaders. We will fight it out. We respect the legal system… we will get justice,” he told reporters.
Support from Mr Shivakumar is seen as key for Siddaramaiah since the two were at odds for the Chief Minister’s post after last year’s Assembly election win. Mr Siddaramaiah had argued the order sanctioning his prosecution was illegal since the Governor could not make such a recommendation without state approval. Appearing for the Chief Minister, Mr Singhvi argued the Governor “hasn’t applied his mind,” the sanction was therefore “fully reviewable.”
“You are negating the mandate of the people… With no inputs taken from me (referring to the state government) by the Governor… this order is judicially reviewable,” he told the High Court. The court, though, suggested the Governor’s sanction could be viewed as an “independent decision” and that Mr Gehlot, in such a case, “need not fall back on ministers’ advice.” Siddaramaiah earlier also argued the decision violated “principles of natural justice.” He warned the court “… absent interim relief there is a grave and imminent risk of irreparable harm (to my) reputation”.
And, allowing the Governor’s sanction to stand would also lead to “severe prejudice… disrupt governance and potentially result in political destabilisation”, the Chief Minister argued. Last month the Chief Minister told reporters he had not done anything illegal in a political career spanning four decades, and expressed confidence the judiciary would come to his aid.
The senior Congress leader declared he had been a Chief Minister and a Minister over the course of his career and had “never misused power for personal gains.” The alleged MUDA scam focuses on the value of land allotted to the Chief Minister’s wife, Parvathi, in an upmarket area of Mysuru as compensation for land elsewhere taken for infra development.
Critics allege the value of land allotted grossly – by ₹ 4,000 to ₹ 5,000 crore – exceeds that taken. Specifically, in a complaint filed by an activist, TJ Abraham, that named the Chief Minister, his wife and son, and senior MUDA officials, it was alleged that allotment of 14 alternative sites in a Mysuru neighbourhood was illegal and caused a loss of ₹ 45 crore.
Siddaramaiah had claimed the land was gifted by his wife’s brother in 2010. However, another activist, Snehmayi Krishna alleged the brother procured it illegally in 2004 and registered it using forged documents with help from government officials. The land was later mentioned to have been bought in 1998. Siddaramaiah’s wife sought compensation in 2014 when he held the top post.
The Governor’s clearance to prosecute came on August 17, and sparked furious protests by the Congress, with the ruling party holding state-wide dharnas, foot-marches and rallies against Mr Gehlot. Siddaramaiah’s petition was filed in the High Court 48 hours later.
Siddaramaiah’s legal advisor, AS Ponnanna, said despite the High Court ruling the Governor’s order “remains illegal” and would remain so “till the highest court in the land rules…” “Recourse to judicial review is being explored and we are deciding the best course of action…” he said.
“The leaders asking for my resignation (today) are the same who opposed schemes implemented by me for the poor and oppressed people… the people of Karnataka did not give the BJP majority to come to power on its own, so it has to win power by conducting ‘Operation Kamala (Lotus),” he said.
“Why should I resign? (JDS leader and former Chief Minister) HD Kumaraswamy is on bail. Did he resign? In an inquiry stage, how does resignation arise? We will face them politically…” The ‘Operation Kamala’ jibe was a reference to Congress’ claims the BJP seeks to destabilise elected governments by targeting senior leaders from ruling parties and unsettling their administration.
The Congress has claimed the charges against Siddaramaiah are part of the BJP’s plan to topple its government in the southern state, which it flipped last year after a surprisingly dominant election win. Siddaramaiah’s cabinet colleagues, Priyank Kharge and Ramalinga Reddy, have also come out in support, declaring there is no need for their boss to resign and that he is a “100 per cent clean Chief Minister”. Perhaps more significantly, Siddaramaiah’s deputy, DK Shivakumar, has also backed him.