'Prima facie satisfied': Why Karnataka Governor Thaawarchand Gehlot sanctioned probe into Siddaramaiah over MUDA 'scam'

Siddaramaiah has repeatedly said that the Congress government led by him is ready to fight legally and politically, in case the Governor rejects the Cabinet's advice to withdraw the "showcause notice" to him, and grants permission for prosecution.

Bengaluru: Karnataka Governor Thaawarchand Gehlot has said that he is “prima facie” satisfied that allegations, backed by supporting materials, show “commission of offences” involving Chief Minister Siddaramaiah in the MUDA 'scam'.

“It is very necessary that a neutral, objective and non-partisan investigation should be conducted,” Gehlot stated in his decision to accord investigation sanction against Siddaramaiah under Section 17A of the Prevention of Corruption Act and Section 218 of the Bharatiya Nagarika Suraksha Sanhita.

In his six-page decision, Gehlot laid out the basis for his decision to allow an investigation against Siddaramaiah. He said he “independently examined” petitions and supporting documents seeking sanction to investigate Siddaramaiah.

On July 26, Gehlot issued a show-cause notice to Siddaramaiah. On August 1, the Cabinet “advised” the Governor to withdraw the notice.

To assert the use of his discretionary power overriding the advice of the Cabinet, Gehlot relied upon a 2004 Supreme Court order (Madhya Pradesh Police Establishment vs State of Madhya Pradesh). The top court held that Governors not using discretion based on facts and circumstances would lead to a “complete breakdown of rule of law inasmuch as it would then be open for governments to refuse sanction in spite of overwhelming material showing that a prime facie case is made out”, Gehlot stated.

Gehlot also argued that the Cabinet’s advice was “irrational” and pointed to the government’s decision to set up an inquiry commission. He noted that at first, a committee under IAS officer Venkatachalapathy was formed.

“However, the government upon considering the facts of the present matter...appointed a high-level single-member inquiry committee...there are serious allegations involving illegal allotment of alternative sites, illegal allotment of land and irregularities in allocation of land,” Gehlot stated, adding that the government’s “own acceptance” that there is a “potential big-ticket scam...does not inspire much confidence”.

A person facing allegations “should not be empowered to decide the course of action”, Gehlot argued, adding that this was a “well-settled legal principle”.

Given the “grave allegations” and “the fact that materials prime facie support the allegations”, Gehlot concluded he has no inspiration to go by the Cabinet’s advice.

Based on petitions, materials, Siddaramaiah’s reply, the Cabinet’s advice and legal opinion, Gehlot said: “It seems to me that there are two versions in relation to the same set of facts.” He went on to state that he is “prime facie satisfied that the allegations and the supporting materials disclose commission of offences”.