In a move that could trigger a fresh confrontation, the Bharatiya Janata Party government in Karnataka on Wednesday asked Governor H R Bhardwaj to drop the proceedings initiated on a petition seeking sanction to prosecute Chief Minister B S Yeddyurappa and Home Minister R Ashoka in connection with alleged land scams.
An emergency Cabinet meeting chaired by Yeddyurappa passed a strongly worded unanimous resolution to this effect, a day after the Governor, who is often at odds with the government, said he was considering the petition filed with him by a lawyers' forum.
"Your Excellency's action of consideration of the request for sanction will not inspire confidence that the decision would be judicious, fair and bonafide", the resolution stated.
Briefing mediapersons after the cabinet meeting, the second since Tuesday, Law Minister Suresh Kumar said the resolution noted that "neither any investigating agency nor any Commission of Inquiry has indicted the Chief Minister or the Home Minister."
".. Hence your intended exercise of the power to process the request for sanction is wholly without jurisdiction", the resolution, which would be sent to Bhardwaj, said.
The government, in an attack on Bhardwaj who has set January 20 deadline for the government to submit him 93 files pertaining to alleged land scams, felt it was nothing short of a "farce and a colourable" exercise on his part to even consider any sanction for prosecution.
The cabinet, however, did not debate the issue of seeking recall of the Governor or even the future course of action to be pursued if he rejects its plea for dropping the proceedings on the Forum of Lawyers petition.
A forum of lawyers last month petitioned the Governor seeking permission to prosecute Yeddyurpapa and Ashoka on the basis of allegations of nepotism and irregularities in denotification of lands by the government.
Bhardwaj on Tuesday said he was considering the petition, but had termed the issue as "ticklish".
The cabinet, in its resolution, pointed out to the Governor that the entire matter is "subjudice" as the allegations were being probed by anti-corruption watchdog, Lokayukta as also a Commission of Inquiry headed by retired High Court judge B Padmaraj.
"If the Governor grants sanction to prosecute the Chief Minister and the Home Minister, it would be the third agency to look into the same matter", Kumar said.
The power to grant sanction either under section 197 of the CrPC, or under Section 19 of the Prevention of corruption Act can be invoked only after the conclusion of investigation into a complaint alleging the commission of offences and the investigating agency is satisfied on the evidence collected during the investigation that sufficient evidence was available to prosecute a person, it pointed out.
"In the instant case, neither any investigating agency nor any commission of inquiry has indicted the chief minister or the home minister", the resolution asserted, calling into question the process initiated by the Governor.
Kumar said when Yeddyurappa called on the Governor on December 31, 2010, Bhardwaj had indicated that he would accord sanction to prosecute the Chief Minister immediately after Republic Day.
Delegations led by certain Congress and Janata Dal-Secular leaders who met Bhardwaj were also told in no uncertain terms about the said intentions, Kumar said.
On January 3, the Principal Secretary to the Governor wrote to the Chief Secretary S V Ranganath asking for certain files and certified documents numbering about 93.
The resolution drew the Governor's attention to the fact that the Lokayukta, who is also a retired Supreme Court Judge, was seized of the allegations and additionally, the government has also appointed an independent judicial commission of inquiry to go into the land dealings including de-notification or acquisition of lands from 1995 to November 2010.
"The Commission of Inquiry has also sought all the documents in relation to these cases. Hence, the entire matter is subjudice", the resolution said.
It also stated that the high court on January 14 has directed the Padmaraj Commission of Inquiry that "no recording of any evidence by the commission should go on and it should not submit any report" following a petition filed before it seeking a direction whether Lokayukta and Judicial Commission can simultaneously consider the same case for probe.
Yeddyurappa visited Delhi on Tuesday and held consultations with the party high command on ways to tackle the threat by the Governor to give sanction for prosecuting him.
Wednesday's development is expected to bring the already strained relationship between the BJP government and Bhardwaj, under more stress.
Since assuming the gubernatorial office, Bhardwaj has frequently brought the first-ever BJP government in the South in the line of fire, making critical comments about it in public, inviting a strong response from the saffron party which has accused him of being a "Congress agent" and acting in concert with the Opposition Congress and JDS to destabilise the government.
