Bengaluru: The Karnataka High Court has rejected Chief Minister Siddaramaiah’s appeal against Governor Thawar Chand Gehlot’s approval for prosecuting the Congress leader in the alleged MUDA land scam case.
A bench led by Justice M Nagaprasanna stated that the Governor “did apply his mind thoroughly” and was entitled to make an “independent decision” regarding the Chief Minister’s prosecution.
“The Governor’s order does not indicate a lack of consideration… There are no issues with the Governor’s actions. The facts presented require investigation. Therefore, the petition is dismissed.”
The court also denied a request from senior advocate Abhishek Singhvi, representing the Chief Minister, to pause its order for two weeks. The judge stated that he could not suspend his own ruling.
Today’s order reflects comments made last month, when Justice Nagaprasanna indicated that the Governor might have acted independently in granting permission to prosecute the Chief Minister.
Mr. Siddaramaiah argued that the Governor’s action is unlawful because it requires approval from the state Cabinet. Mr. Singhvi previously stated that the Chief Minister had not made any decisions or recommendations regarding land grants, whether legal or illegal.
“The Governor hasn’t exercised his discretion…” Mr. Singhvi stated. In response, the court noted that the sanction was an “independent decision” and emphasized that Mr. Gehlot “does not need to rely on the advice of ministers.”
The alleged scam involves irregularities in land allocations by the Mysuru Urban Development Authority (MUDA). There are claims that the compensatory land parcels allocated to BM Parvathi, Siddaramaiah’s wife, significantly exceed the value of the land exchanged.
Activists have asserted that the 14 premium sites in Mysuru awarded to Siddaramaiah’s wife as compensation for acquired land were illegal, resulting in a loss of ₹45 crore to the exchequer.
The Governor granted his consent for the Chief Minister’s prosecution on August 17.
Following Mr. Siddaramaiah’s petition challenging this order, the High Court began hearing the case on August 19. The Chief Minister is seeking to have the Governor’s order overturned, arguing that it is unconstitutional.