Bengaluru, Aug 29 The Karnataka High Court on Thursday started hearing arguments in the writ petition filed by Chief Minister Siddaramaiah challenging Governor Thaawar Chand Gehlot’s move to accord consent for prosecution against him over the alleged irregularities in the Mysuru Urban Development Authority (MUDA).
The Division Bench headed by M Nagaprasanna is looking into the matter.
Answering a question regarding the hearing of the case, CM Siddaramaiah stated in Bengaluru that the court had taken up the matter for hearing and “let’s see what happens.”
Minister for Power, KJ George stated in Bengaluru on Thursday that they have trust in the court.
“The high command and people of the state are with Chief Minister Siddaramaiah,” he stated.
Abhishek Manu Singhvi, the senior counsel for CM Siddaramaiah, stated that he had placed his arguments in the last hearing about violation of the provisions of Section 17(A) of the Prevention of Corruption Act (PC Act) and based on his arguments the order of the Governor must be quashed.
Singhvi maintained that a report by the investigation agency and an officer was required to order prosecution under the PC Act.
“The consent for prosecution was given in the absence of any report against CM Siddaramaiah,” Singhvi added.
Singhvi also brought to the notice of the court that the Governor and one of the petitioners Pradeep Kumar have not submitted their objections to the court.
Singhvi further pointed out that the objection submitted by petitioner TJ Abraham mentioned that the consent for prosecution by the Governor was not required in the case but still sought Gehlot’s consent for it, reflecting his dual stand.
“The Governor should impose a fine and withdraw the consent on his petition,” the counsel for the CM argued.
“The show cause notice was not given in connection with the complaints by two of the petitioners Pradeep Kumar and Snehamayi Krishna. The Governor has mainly considered Abraham’s petition. Without discretion, the Governor has given consent for prosecution against CM Siddaramaiah,” he stated.
CM Siddaramaiah had previously received temporary relief from the court as the High Court had directed the lower court not to take any decision until August 29.
The three petitioners against CM Siddaramaiah are set to submit the letter of consent from the Governor for prosecution and plead for filing an FIR against him in the lower court. Two of the petitioners have also filed private complaints against CM Siddaramaiah in court.
The Governor gave consent for prosecution on August 17. Following CM Siddaramaiah’s writ petition challenging the order, the High Court took up the matter for hearing on August 19.
Represented by senior counsel Singhvi, the CM has sought interim relief as well as quashing of the Governor’s order, calling it unconstitutional.
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