The Karnataka High Court on Monday directed the trial court to take no action against Chief Minister Siddaramaiah following Governor Thawaar Chand Gehlot sanctioning the Congress leader's prosecution in the alleged MUDA land scam case. The interim relief for the embattled Chief Minister will be in effect till August 29, when the High Court will hear this case next.
Siddaramaiah had moved the High Court against Mr Gehlot's nod to prosecute him and sought this interim relief on grounds the Governor's action was "illegal and without authority of law", and that allowing his prosecution posed "a grave and imminent risk of irreparable harm (to his) reputation" as well as "disrupt governance... and potentially result in political destabilisation".
"Since the matter is heard by this court and pleadings are to be completed... till the next date of hearing the concerned court (the trial court) should defer its proceedings..." the High Court said.
In its order the court noted that documents submitted by the petitioner (i.e., Chief Minister Siddaramaiah) had "referred to several points of order... to prima facie demonstrate that (the) order (granting sanction to prosecute) bears non-application of mind (by the Governor).
The court also noted the Chief Minister's submission - that the Governor had sanctioned prosecution of the former at "breakneck" speed following filing of a complaint on July 26.
During the hearing senior advocate Abhishek Singhvi, appearing for Siddaramaiah, had urged the court to direct "no precipitate action" and claimed the sanction granted by the Governor is "part of a concerted effort to destabilise the duly elected government of Karnataka..."
He argued the Governor had "picked this complaint (filed by activist TJ Abraham) ... out of 12 to 15 still pending, without single reason". He further argued that conditions to be met for application of Section 17 of the Prevention of Corruption Act, under which the Chief Minister has been charged, were missing.
READ | Siddaramaiah Slams Governor's "Illegal" 'Prosecute' Nod In Land Scam
Mr Singhvi also flagged what he said were other errors that betrayed the order was passed "without application of mind", including the show-cause notice sent to Siddaramaiah referring to one complaint and the Governor's sanction to prosecute referring to "other complaints".
"Mr Abraham's complaint is received and, on the same day, the Governor issues the show-cause notice... legal malice (against Chief Minister Siddaramaiah) has to be inferred. Somebody goes to a 'friendly governor', gives a complaint, and he issues notice..." Mr Singhvi jibed.
Mr Singhvi also referred to the Cabinet's "detailed, legal, and reasoned order" on this topic, and continued, "What did he decide? Order is silent on reasons why sanction should be granted."
"Never Misused Power...": Siddaramaiah
Hours earlier the Chief Minister had said he had not done anything illegal in a political career spanning four decades, and expressed confidence the judiciary would come to his aid.
The senior Congress leader declared he had been a Chief Minister and a Minister over the course of his career and had "never misused power for personal gains". He also dismissed protests by the BJP, saying, "In politics it is natural that parties will protest... so let them protest, I am clean."
READ | "In 40 Years Did Nothing Wrong": Under-Fire Siddaramaiah In Land Scam
A massive row erupted in Karnataka over the weekend after the Governor sanctioned prosecution of the Chief Minister on corruption charges in connection with the Mysuru Urban Development Authority, or MUDA, case after petitions by three activists.
The Governor said his order was necessary to conduct a "neutral, objective, and non-partisan investigation", adding he is prima facie "satisfied" the alleged infractions were, in fact, committed.
MUDA Land Scam Case Explained
The alleged MUDA scam focuses on the value of land allotted to the Chief Minister's wife, Parvathi, in an upmarket area of Mysuru as compensation for land elsewhere taken for infra development.
Critics allege the value of land allotted grossly - by Rs 4,000 to Rs 5,000 crore - exceeds that taken.
NDTV Explains | MUDA Case In Which Siddaramaiah May Be Prosecuted
Specifically, in a complaint filed by an activist, TJ Abraham, that named the Chief Minister, his wife and son, and senior MUDA officials, it was alleged that allotment of 14 alternative sites in a Mysuru neighbourhood was illegal and caused a loss of Rs 45 crore.
Siddaramaiah had claimed the land was gifted by his wife's brother in 1998. However, another activist Snehmayi Krishna alleged the brother had procured it illegally and registered it using forged documents with help from government officials. The land was shown to have been bought in 1998.
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