Bengaluru, Sep 2 (IANS) The Karnataka High Court on Monday began hearing a writ petition filed by Chief Minister Siddaramaiah against Governor Thaawar Chand Gehlot seeking interim relief in the Mysore Urban Development Authority (MUDA) case.
The Chief Minister has also sought in the petition the quashing of the Governor’s order allowing prosecution against him.
All eyes in the political circles of the state are fixed on the ongoing hearing in the court. CM Siddaramaiah has cancelled all his programmes till the evening. He has also cancelled his programme to visit his hometown Mysuru and perform special puja of Goddess Chamundeshwari.
Senior advocate Abhishek Manu Singhvi, appearing for the Chief Minister, and Solicitor General Tushar Mehta, representing the Governor, have also completed their arguments in favour of the Governor’s decision to allow prosecution.
Governor Gehlot has also cancelled his previous programmes, including a convocation ceremony in Kolar.
Senior advocates Maninder Singh and Prabhuling Navadgi appeared for Snehamayi Krishna and Pradeep Kumar, who had complained to the Governor against the Chief Minister. Ranganath Reddy presented his arguments on behalf of petitioner T.J. Abraham.
Singhvi is expected to present a rebuttal to the arguments and Mehta is also likely to comment.
Legal experts said the High Court is likely to reserve judgement as it would have to consider arguments and counter-arguments for four days before pronouncing the order.
Earlier, a High Court bench headed by Justice M. Nagaprasanna, while hearing the case, said that it has to decide whether sanction for investigation is required or not. The High Court maintained its interim order restraining the lower court from proceeding further in the case.
The bench said that under Section 17(A) of the Prevention of Corruption Act, the police should not investigate without prior permission. However, it is not necessary for the police to obtain permission on their own; any person can approach the appropriate authorities to obtain such permission.
The court had also observed that the specific illegalities committed by CM Siddaramaiah in the Mooda case were not highlighted in the order.
Mehta had argued that the governor is not bound to respond to every clarification given by the cabinet and CM Siddaramaiah in the matter. He said, “The governor’s order clearly states his position and everything cannot be clarified at this stage due to the possibility of destruction of evidence.”
Senior advocate Maninder Singh, presenting arguments on behalf of complainant Snehmayee Krishna, urged the court to note down three figures, “Rs 3.24 lakh”, “Rs 5.98 lakh” and “Rs 55 crore”. When the land was acquired, the price of the land was Rs 3.24 lakh. It was sold for Rs 5.98 lakh and now the price of the land is being stated as Rs 55 crore. He said that in this backdrop, the case needs to be investigated by an independent agency.
Senior advocate Prabhuling Navadgi argued that on one hand the CM claims that there is no illegality and on the other hand an inquiry commission has been formed by him.
The Governor has mentioned this and under Section 17(A) of the Prevention of Corruption Act, the accused cannot question the Governor.
Another senior advocate Ranganath Reddy argued that de-notification and land conversion was done when CM Siddaramaiah was the deputy CM and when it was decided to allot alternative land in 50:50 ratio, Siddaramaiah was the CM.
Advocate Reddy also brought to the notice of the court that CM Siddaramaiah is claiming that there are four petitions pending before the Governor. Of these, consent has been given in two cases and the other two have been sent back for clarification.
Meanwhile, Singhvi argued that the Governor did not follow the principles of natural justice while allowing the inquiry against CM Siddaramaiah.
He also mentioned that the Governor did not consider the advice given by the Cabinet in the matter.
–IANS
AKJ/
