Court orders probe by Lokayukta police against CM Siddaramaiah

BENGALURU: A Special Court on Wednesday ordered a Lokayukta police probe against Karnataka Chief Minister Siddaramaiah in the Mysore Urban Development Authority (MUDA) site allotment case, setting the stage for the filing of an FIR against him.

The order by Special Court Judge Santhosh Gajanan Bhat came a day after the High Court upheld the sanction granted by Governor Thaawarchand Gehlot to conduct an investigation against Siddaramaiah on allegations of illegalities in the allotment of 14 sites by MUDA to his wife, B. M. Parvathi.

The Special Court, which deals exclusively with criminal cases related to former and elected MPs/MLAs, directed the Lokayukta police in Mysuru to initiate an investigation based on a complaint filed by RTI activist Snehamayi Krishna.

The Court issued directions to conduct the probe under Section 156 (3) of the Code of Criminal Procedure (CrPC) and to file the investigation report by December 24.

The Karnataka High Court had earlier vacated its August 19 interim order directing the Special Court to defer its decision on complaints against the Chief Minister, thus giving the green light for the probe to proceed.

It had rejected Siddaramaiah’s petition challenging the legality of the Governor’s August 16 order, which granted approval for the investigation under Section 17A of the Prevention of Corruption (PC) Act, 1988.

Reacting to the Special Court order, Siddaramaiah reiterated his willingness to face an investigation.“I have already said that I am ready to face an investigation. I am not afraid of a probe,” Siddaramaiah told reporters. “I am ready for a legal fight,” he added.Home Minister G Parameshwara stated that the Lokayukta police is an independent body. “It is not under anyone’s mercy, they will investigate independently,” he said.

Meanwhile, the BJP once again demanded Siddaramaiah’s resignation and urged him to cooperate with the investigation.

State BJP President B Y Vijayendra said: “The CM has said that he is ready for any probe, but he has questioned why he should resign. Siddaramaiah seems to have forgotten what he preached as Leader of the Opposition to the then Chief Minister Yediyurappa. He had asked Yediyurappa to resign for a fair and impartial probe when the accused person was at the helm of affairs.”

Meanwhile, Rajya Sabha MP Kapil Sibal slammed the BJP, accusing it of adopting “insidious ways” to destabilise and topple elected governments.Sibal also asserted that governors have now become authorities whose actions can “dethrone” governments.

In a post on X (formerly Twitter), Sibal said: “Now Karnataka. BJP’s insidious ways to destabilise and topple elected governments: Luring MLAs, misusing the tenth schedule, instilling fear (ED, CBI), and governors acting beyond their constitutional responsibilities.”

Later, addressing a press conference, Sibal stated: “It is not mentioned anywhere in the Constitution that a governor can grant sanction for prosecution... The Supreme Court has said that if there is an allegation against the CM, the sanctioning authority can only be the governor, as the Cabinet cannot approve it when it involves the CM. This was the decision of the SC. But when and how it should be given is not mentioned in the Constitution or any court ruling.”

The former Union minister further argued that there should be an investigation first, followed by sanctions.

“If the governor is giving notice, then it becomes a quasi-judicial authority, making him like a judge. No one can challenge it. A governor has now become an authority through whose actions a government can be dethroned,” he said.