Karnataka Governor Thawarchand Gehlot.
Credit: DH File Photo
Bengaluru: Advocate General (AG) K Shashikiran Shetty on Monday told the high court that Karnataka Governor Thawarchand Gehlot ought not to have taken the role of an investigating officer to conduct a preliminary enquiry prior to giving sanction for investigation under section 17 A of the Prevention of Corruption (PC) Act against Chief Minister Siddaramaiah in the Mysuru Urban Development Authority (MUDA) sites allotment complaints. According to the AG, the governor is only the competent authority and not an investigating officer.
Siddaramaiah has challenged the sanction for investigation accorded by the governor. The complaint had alleged that 14 sites in prime locations of Mysuru city were allotted in favour of Parvathy BM, wife of Siddaramaiah, in violation of the rules.
The AG said that though section 17A does not specify as to the preliminary inquiry, in the Lalitha Kumari case, the Supreme Court has made preliminary inquiry mandatory in corruption related cases. He said since prior approval under section 17A is required when a public servant has either recommended or taken a decision, preliminary inquiry becomes mandatory. The AG further said that a private complainant cannot be put on a higher pedestal as against a police officer.
“Here is a case where a complaint is given to a police officer, sufficient time is not given and they (complainants) jump the gun and apply for sanction under section 17A. The requirement of 15 days to six weeks preliminary inquiry, as per Lalitha Kumari judgement is not followed,” he said.
Senior advocate Lakshmy Iyengar, appearing on behalf Snehamayi Krishna, one of the complainants, submitted that right from 1996-1998 the period of denotification of the land in question, Siddaramaiah held positions as the deputy chief minister. She further said that in terms of ‘check period’ under the PC Act. “Whenever he was not elected there was a lull period and when he was in power there was activity in the land in question,” Lakshmi Iyengar said.
Justice M Nagaprasanna adjourned the hearing to September 12 while extending the interim order granted on August 19. On Thursday, senior advocate Abhishek Singhvi will be making reply submissions on behalf of Chief Minister Siddaramaiah.