Karnataka Governor's nod may only lead to FIR against Siddaramaiah, say legal experts

Bengaluru: The governor’s order according sanction to investigate charges against the CM may only lead to the registration of an FIR against him, say legal experts. Further, this will lead to a legal tussle over provisions under both Prevention of Corruption (PC) Act and Bharatiya Nagarik Suraksha Sanhita (BNSS), they said.

The complainants had sought sanction for investigation under section 17A of the PC Act and for prosecution under section 19 of the PC Act and section 218 of the BNSS.

Section 17A was introduced by way of an amendment to PC Act in 2018 that stipulates that no police officer shall conduct any investigation when offence is relatable to any recommendation made or decision taken by a public servant in discharge of his/her official duties.

A senior advocate pointed out that while the governor granted sanction for investigation, it has not stated anything about prosecution sanction under section 19 of the PC Act.

“The operative part of the governor’s order reveals that a sanction has been accorded under section 17A of the PC Act and section 218 of BNSS. While, there is no prosecution sanction accorded under PC Act, the same is accorded under section 218 of BNSS. The special court judge may refer the complaint for investigation and is not likely to take cognizance since prosecution sanction under PC Act has not been accorded,” the advocate said.

Meanwhile, Revenue Minister Krishna Byre Gowda issued a statement in regard to the violation of the Standard Operating Procedure (SOP), issued by the union government, in granting sanction for investigation under section 17A.

An advocate said that the SOP does say that sanction for investigation has to be sought by a police officer. He further said that the chief minister may challenge the sanction for investigation even on the ground of non application of mind.

“In fact, one of the guidelines in the SOP stipulates that the police officer of appropriate rank shall make a proposal to the appropriate government/authority under section 17A of the Act. Further, the SOP states that the appropriate government or the authority shall examine the proposal, by independent application of mind and take an appropriate decision and convey it to the police officer of appropriate rank,” the advocate said.

Another advocate said that the complainants before the governor, three of them, have either not sought or not received sanction for investigation against any other public servant in the case.

“This would also lead to a situation that there could be an FIR only against the CM and other private persons allegedly involved and not against public servants, unless there is a sanction under section 17A. The competent authority to accord sanction against these bureaucrats would be their appointing authorities,” he said.