
In a relief to Chief Minister Siddaramaiah, the Karnataka High Court on Monday deferred the proceedings against him in an alleged land scam involving the Mysuru Urban Development Authority (MUDA).
Karnataka Governor Thawar Chand Gehlot had granted sanction to prosecute the chief minister on August 17. However, Siddaramaiah challenged the sanction in the High Court. He said it was an effort to undermine his government.
After a brief hearing, Justice M Nagaprasanna asked the respondents to file their replies and posted the matter for hearing on August 29.
"Despite the vehement objections by the complainants against grant of an injunction, since the matter is being heard by this Court and pleadings are yet to be completed, till the next date of hearing, the court concerned shall defer its proceedings. No precipitative action qua the impugned sanction," it said.
On Monday, Siddaramaiah filed an urgent petition before the High Court against the Governor's order, saying the sanction was issued "without due application of mind, in violation of statutory mandates, and contrary to constitutional principles, including the advice of the Council of Ministers, which is binding under Article 163 of the Constitution of India".
Senior advocate and Congress leader Abhishek Manu Singhvi, appearing for Siddaramaiah, argued, "You have an elected government which has the mandate of the people. Anybody on the street can come with a complaint. That complaint is made decades and decades after an incident. A 'friendly' Governor gives sanction."
Singhvi was referring to social activists TJ Abraham, Mysore's Snehamai Krishna, and Bengaluru's Pradeep Kumar SP, who had asked for sanctions against Siddaramaiah. Abraham sought the sanction in July, and the Governor issued a show-cause notice to the Chief Minister shortly after.
Singhvi argued that the state Cabinet gave the Governor a 100-page document listing reasons why the complaint was "frivolous and sanctions can't be granted".
"The Governor, however, in a short, two-page order, decides on only one point. He doesn't give a single reason why the sanction ought to be given," he said.
Solicitor Tushar Mehta, appearing for the Governor, argued, "Governor is a constitutional body and decisions injuncted by another constitutional body should be avoided." After hearing the arguments, the judge said, "Let the magistrate court not proceed further with the complaint till then."
The next hearing in the case will take place on August 29.
(With inputs from Nagarjun Dwarkanath)