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MUDA case: Karnataka HC reserves order on CM Siddaramaiah's plea challenging Governor's prosecution sanction

With the hearing concluded, the court’s final decision is awaited, which will determine the legality of the Governor's sanction and the continuation of proceedings against CM Siddaramaiah in the MUDA case.

Edited By: Nitin Kumar @Niitz1 Bengaluru Published on: September 12, 2024 23:43 IST
Karnataka CM Siddaramaiah
Image Source : PTI/FILE PHOTO Karnataka Chief Minister Siddaramaiah a parade ground in Bengaluru.

The Karnataka High Court has reserved its order on Chief Minister Siddaramaiah's petition challenging Governor Thaawarchand Gehlot's approval for his prosecution in the Mysuru Urban Development Authority (MUDA) case. The court extended its interim order to halt the special court proceedings until the petition's disposal.

Hearing concludes, orders reserved

The Karnataka High Court concluded its hearing on CM Siddaramaiah's petition challenging the Governor's sanction for his prosecution under the Prevention of Corruption Act in the MUDA case. The court, after hearing arguments from both sides, reserved its decision and extended the existing interim order. The special court for people's representatives has been directed to defer proceedings until the High Court's ruling.

Governor's sanction challenged

Governor Thaawarchand Gehlot granted prosecution sanction against Siddaramaiah on August 16, following petitions by advocate activists under Section 17A of the Prevention of Corruption Act. Siddaramaiah's legal team argued that the Governor’s sanction was issued without due consideration of statutory mandates and contrary to the advice of the Council of Ministers, which, under Article 163 of the Constitution, is binding on the Governor.

Arguments from Siddaramaiah’s counsel

Senior advocate Abhishek Manu Singhvi, representing the CM, criticised the Governor's decision as lacking justification, claiming it was based solely on the assertion of independence from the Cabinet’s advice. Singhvi argued that the Governor had not provided specific reasoning for his decision and questioned the basis of allegations against Siddaramaiah in a 23-year-old case. He called the case an example of “cherry-picking” and claimed the prosecution was hastily pushed forward, unlike other pending cases.

Court questions on cabinet's role

During the hearing, the court acknowledged the concept of “subconscious bias” and questioned whether any Cabinet would permit prosecution against its leader. Singhvi countered that the Governor's order failed to offer adequate reasoning and was a case of “presumptive bias.

Also read | Karnataka communal clash: 52 arrested after stones pelted at Ganpati procession in Mandya | VIDEO

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