The Governor’s sanction could pave the way for investigation agencies to book Siddaramaiah or courts to subpoena the chief minister. This will also set the stage for a governor-government confrontation.
Gehlot has provided prosecution sanction based on separate requests by activists Pradeep Kumar S P, T J Abraham, and Snehamayi Krishna. The prosecution has been sanctioned under Section 17 of the Prevention of Corruption Act and Section 218 of the Bharatiya Nagarika Suraksha Sanhita.
The allegation against Siddaramaiah is that his wife Paravathi was given expensive plots in lieu of her land on which a layout was formed. Notably, there are questions raised over how she came to become the owner of land on which the Mysuru Urban Development Authority (MUDA) developed a layout.
On July 26, Gehlot had issued a show-cause notice to Siddaramaiah as a precursor to sanctioning his prosecution. In response, on August 1, the Cabinet asked Gehlot to withdraw his show-cause notice saying it was fraught with legal fallacies. On August 3, Siddaramaiah replied to the Governor.
According to sources, the Governor was convinced that there is a case against Siddaramaiah.
“...there seems to be two versions in relation to the same set of facts and it is very necessary that a neutral, objective and non-partisan investigation should be conducted and further that (Governor) is prima facie satisfied that the allegations and the supporting materials disclose commission of offences,” the Governor stated in his prosecution sanction.
The government has already constituted a one-man inquiry commission headed by retired High Court Justice PN Desai. This was highlighted in the government’s reply to the Governor’s show-cause notice.
Sources said that the Governor rejected the advice of the Cabinet for the reason that any person against whom allegations are made is not competent to order an investigation. Also, the Cabinet, formed on the recommendation of the CM, would not be competent to advise in favour of the recommending person. “The Governor, based on the above, has deemed the advice of the Cabinet in the current instance to be irrational and biassed and cannot be treated as bona fide,” Gehlot stated.
The Governor also relied upon a Supreme Court order in the Madhya Pradesh Special Establishment vs State of Madhya Pradesh (2004) to justify his sanction for prosecution.
On Saturday morning, Siddaramaiah closeted at his official residence Kaveri where he held talks with some of his Cabinet colleagues and legal advisor AS Ponnanna.
Siddaramaiah is likely to challenge in court the Governor’s sanction for prosecution.
Published 17 August 2024, 05:09 IST