Setback to Sidda, HC rejects plea against governor's nod for probe

In a setback to Chief Minister Siddaramaiah, the Karnataka high court on Tuesday dismissed his petition challenging the governor's approval for investigation against him in a site allotment case.

The chief minister had challenged the approval given by Governor Thaawarchand Gehlot for an investigation against him in the alleged irregularities in the allotment of 14 sites to his wife by the Mysuru Urban Development Authority (MUDA) in a prime locality.

After completing the hearings on the petition in six sittings from August 19, the single judge bench of Justice M Nagaprasanna on September 12 reserved its verdict. It had also extended its August 19 interim order directing the special court for people's representatives that was slated to hear complaints against him in the case, to defer its proceedings till the disposal of the petition.

"The facts narrated in the petition would undoubtedly require investigation, in the teeth of the fact that the beneficiary of all these acts is not anybody outside but the family of the petitioner. The petition stands dismissed," Justice Nagaprasanna ruled.

He also said: "Interim order of any kind subsisting today shall stand dissolved."

The governor had on August 16 accorded sanction under Section 17A of the Prevention of Corruption Act, 1988 and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the commission of the alleged offences as mentioned in the petitions submitted to him by complainants Pradeep Kumar S P, T J Abraham and Snehamayi Krishna.

On August 19, Siddaramaiah moved the high court challenging the legality of the governor's order.

In the petition, the chief minister submitted that the sanction order was issued without due application of mind, in violation of statutory mandates, and contrary to constitutional principles, including the advice of the council of ministers, which is binding under Article 163 of the Constitution of India.

Siddaramaiah sought quashing of the governor's order contending that his decision is legally unsustainable, procedurally flawed, and motivated by extraneous considerations.

While noted lawyer Abhishek Manu Singhvi and Prof Ravivarma Kumar had appeared for Siddaramaiah, Solicitor-General of India Tushar Mehta represented the office of the governor. Advocate General Shashi Kiran Shetty also made his submissions.

Senior advocates Maninder Singh, Prabhuling K Navadgi,  Lakshmi Iyengar, Ranganath Reddy, K G Raghavan, among others made submissions on behalf of the complainants (respondents) who had sought the sanction for investigation against Siddaramaiah.

In the MUDA site allotment case, it is alleged that compensatory sites were allotted to Siddaramaiah's wife B M Parvathi in an upmarket area in Mysuru, which had higher property value as compared to the location of her land which had been "acquired" by the MUDA.

The MUDA had allotted plots to Parvathi under a 50:50 ratio scheme in lieu of 3.16 acres of her land, where it developed a residential layout.

Under the controversial scheme, MUDA allotted 50 per cent of developed land to the land losers in lieu of undeveloped land acquired from them for forming residential layouts.

It is alleged that Parvathi had no legal title over this 3.16 acres of land at survey number 464 of Kasare village, Kasaba hobli of Mysuru taluk.