K’taka HC dismisses Siddaramaiah’s petition; clears way for MUDA land scam investigation
Bengaluru: The Karnataka High Court has dismissed Chief Minister Siddaramaiah’s petition challenging Governor Thawar Chand Gehlot’s decision to sanction his prosecution in the alleged MUDA land scam case.
A bench of Justice M. Nagaprasanna said on Tuesday that the Governor “did apply his mind in abundance” and that the order (sanctioning prosecution) “does not suffer from non-application of mind...”
“There is no fault in the Governor’s actions. The facts narrated need investigation. The petition is dismissed,” the court said.
The court subsequently dismissed a plea by senior advocate Abhishek Singhvi, appearing for the Chief Minister, to stay its order for two weeks. The judge said he could not stay his own order.
The High Court’s ruling means the lower court can now initiate legal proceedings against the Chief Minister, which will include filing a First Information Report and increasing pressure on Siddaramaiah.
Earlier, the High Court had directed the trial court not to take any action until its verdict.
Soon after the High Court verdict, the Bharatiya Janata Party again demanded that the Chief Minister quit. The BJP has been targeting Siddaramaiah over this issue. B. Y. Vijayendra, the BJP’s state unit chief, demanded that Siddaramaiah “resign immediately, without further delay.”
For the ruling Congress, the verdict came as a setback at a time when the party is facing Assembly elections in Haryana and Jammu and Kashmir. However, the party has rallied behind Siddaramaiah, with his deputy, D K Shivakumar, alleging “a big conspiracy.”
“I am telling you again... there is no setback for the Chief Minister. It is a big conspiracy against our leaders. We will fight it out. We respect the legal system... we will get justice,” Shivakumar told journalists.
Siddaramaiah underlined his confidence in the judicial system and slammed the BJP’s “revenge politics.” He declared: “I believe in the law and the Constitution... The truth will finally win.”
He also termed the land scam allegations a “sham” and criticised opposition leaders who, once again, demanded that he quit.
“I have faith in the courts. All MLAs, leaders, and workers of our party, and the Congress leadership have stood by me and encouraged me to continue the fight. The BJP and JD(S) resorted to political retaliation against me because I am pro-poor and fighting for social justice,” the Chief Minister said.
“I will consult with experts on whether such an investigation is allowed under the law or not... I am confident the investigation under Section 17A will be cancelled,” he said.
“The leaders asking for my resignation today are the same ones who opposed schemes implemented by me for the poor and oppressed people... The people of Karnataka did not give the BJP a majority to come to power on its own, so it has to win power by conducting ‘Operation Kamala (Lotus),’” he told media persons.
He added: “Why should I resign? (JD(S) leader and former Chief Minister) H D Kumaraswamy is out on bail. Did he resign? At an inquiry stage, how does resignation arise? We will face them politically...”
The Congress has claimed that the charges against Siddaramaiah are part of the BJP’s plan to topple its government in Karnataka.
Siddaramaiah’s Cabinet colleagues, Priyank Kharge and Ramalinga Reddy, have also come out in support, declaring there is no need for their boss to resign and that he is a “100 per cent clean Chief Minister.”
His deputy, Shivakumar, told reporters: “We will stand by him... we will support him. He has been doing good work for the state and the party.”
Union Minister Pralhad Joshi called the verdict a “slap on the Congress government and Chief Minister Siddaramaiah.”
The MUDA case, over which Gehlot accorded sanction for investigation against Chief Minister Siddaramaiah, has its origins more than three decades ago.
The case pertains to the alleged allotment of compensatory sites to Siddaramaiah’s wife, B M Parvathi, in an upmarket area in Mysuru, which had a higher property value compared to the location of her land that had been “acquired” by the MUDA.
The MUDA had allegedly 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.
Gehlot, on August 16, accorded sanction under Section 17A of the Prevention of Corruption Act, 1988, and Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 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.
