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MUDA case: Karnataka HC rejects Siddaramaiah's plea, upholds Governor's sanction to prosecute CM

It is alleged that MUDA illegally allotted 14 sites to Chief Minister Siddaramaiah's wife in the prime location of Mysuru city. In its interim order passed on August 19, the Karnataka High Court had granted a temporary relief to Siddaramaiah.

Reported By : T Raghavan Edited By : Anurag Roushan
Bengaluru
Updated on: September 24, 2024 14:36 IST
MUDA case: Karnataka HC rejects Siddaramaiah's plea
Image Source : PTI Karnataka Chief Minister Siddaramaiah (R) and Deputy CM DK Shivkumar.

In a significant development, the Karnataka High Court has dismissed a petition filed by Chief Minister Siddaramaiah, challenging the Governor’s approval for an investigation against him in a site allotment case. The case pertains to allegations of irregularities during Siddaramaiah’s previous tenure, where he was accused of facilitating the allotment of prime land in violation of norms. The Chief Minister had challenged the approval given by Governor Thaawarchand Gehlot for a probe against him in the alleged irregularities in the allotment of 14 sites to his wife by the Mysuru Urban Development Authority (MUDA) in a prime locality.

What High Court said? 

In his judgment, the single judge bench of Justice Nagaprasanna said that the order of sanction for prosecution does not suffer from non-application of mind by the Governor. "The facts narrated in the petition would undoubtedly require investigation, in the teeth of the fact that the beneficiary of all these acts is not anybody outside but the family of the petitioner. The petition stands dismissed," Justice Nagaprasanna ruled, "adding interim order of any kind subsisting today shall stand dissolved." 

In his plea, Siddaramaiah questioned the legality of the Governor's approval under Section 17A of the Prevention of Corruption Act, 1988, and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Siddaramaiah argued that the Governor’s decision was legally unsustainable, procedurally flawed, and influenced by extraneous factors. He sought to quash the order, contending that it lacked merit. 

Complainant's reaction 

On August 16, the Governor had granted the sanction, allowing the investigation into alleged offences linked to a site allotment case. The sanction was based on complaints filed by Pradeep Kumar SP, TJ Abraham, and Snehamayi Krishna. Following the High Court's order, Abraham -- one of the complainants in the -- said that the anti-corruption movement has got a very big boost. "I am sure the judge has travelled quite far in various judgements throughout this country to come to this conclusion. It is a fantastic order. We were prepared for it," he added.

Siddaramaiah likely to appeal High Court's ruling

According to sources from the Chief Minister's Office, an appeal is expected to be filed on Wednesday (September 25) before a double bench challenging the recent ruling by the single constitutional bench, which dismissed his petition. The appeal will request the court to stay the investigation until the petition is fully heard, they said. If the double bench accepts the plea for a hearing, Siddaramaiah could receive temporary relief from the ongoing probe into the site allotment case. His legal team is also likely to request a stay on the investigation until the court delivers its final judgment, the sources added. 

DK Shivkumar's reaction

Meanwhile, Karnataka Deputy Chief Minister DK Shivkumar has also reacted to the development, saying Siddaramaiah has done no wrong.  "I have just come out of the program. Let me see the judgment. I also have a responsibility. This is a conspiracy. The same happened to me also. He will come out clean. He has done no wrong," Shivkumar added.

What is MUDA case? 

In the MUDA site allotment case, it is alleged that compensatory sites were allotted to Siddaramaiah's wife B M Parvathi in an upmarket area in Mysuru, which had higher property value as compared to the location of her land which had been "acquired" by the MUDA. The MUDA had allotted plots to Parvathi under a 50:50 ratio scheme in lieu of 3.16 acres of her land, where it developed a residential layout. Under the controversial scheme, MUDA allotted 50 per cent of developed land to the land losers in lieu of undeveloped land acquired from them for forming residential layouts.

ALSO READ: Karnataka Congress announces statewide protest as Guv grants sanction to prosecute Siddaramaiah in MUDA case

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