Kapil Sibal and Siddaramaiah Challenge Governor’s Decision in MUDA Scam Case
New Delhi, India – Rajya Sabha MP Kapil Sibal has expressed strong concerns following the Karnataka High Court’s dismissal of Chief Minister Siddaramaiah’s petition. The petition challenged Governor Thaawarchand Gehlot’s sanction for Siddaramaiah’s prosecution in an alleged Mysore Urban Development Authority (MUDA) scam.
Kapil Sibal’s Concerns
Senior Advocate Kapil Sibal stated, “It is nowhere written in the Constitution that the Governor can give sanctions for prosecution. Hence, the Supreme Court has clarified that if there is any case against the Chief Minister, the Governor is the competent authority to grant sanction because a cabinet belongs to the Chief Minister himself, but ‘when’ a person can be prosecuted and what process needs to be followed is not written in the constitution.”
Sibal emphasized the need for a proper investigative process, questioning how the Governor could decide on the allegations without a magisterial inquiry. He argued that the Governor has no constitutional right to act as a judge and decide whether a criminal offense has occurred.
Siddaramaiah’s Response
Karnataka Chief Minister Siddaramaiah also condemned the Governor’s decision, stating that the Governor is acting at the behest of the BJP and trying to overthrow the elected government in the state. “The Governor’s permission for prosecution against me is against the Constitution. The Governor is supposed to act as a representative of the Constitution, but he is behaving like a representative of the Central Government and the BJP,” said Siddaramaiah.
High Court’s Decision
The Karnataka High Court dismissed Siddaramaiah’s petition, with Justice Nagaprasanna stating that the order of sanction for prosecution does not suffer from non-application of mind by the Governor. It is alleged that MUDA illegally allotted 14 sites to Siddaramaiah’s wife in Mysuru city. The High Court had earlier granted temporary relief to Siddaramaiah by directing a special court in Bengaluru to defer further proceedings.
Doubts Revealed
Kapil Sibal -: Kapil Sibal is a senior politician and lawyer in India. He is a Member of Parliament (MP) in the Rajya Sabha, which is the upper house of India’s Parliament.
Siddaramaiah -: Siddaramaiah is the Chief Minister of Karnataka, a state in India. He is a senior leader in the Indian National Congress party.
Governor -: A Governor is a person appointed to be the head of a state in India. In this case, the Governor of Karnataka is Thaawarchand Gehlot.
MUDA scam -: MUDA stands for Mysore Urban Development Authority. A scam means a dishonest scheme or fraud. The MUDA scam involves allegations of corruption in the development authority.
Rajya Sabha -: Rajya Sabha is the upper house of India’s Parliament. It represents the states and union territories of India.
Sanction for prosecution -: Sanction for prosecution means official permission to start legal proceedings against someone. In this case, it is about allowing legal action in the MUDA scam.
BJP -: BJP stands for Bharatiya Janata Party, a major political party in India. It is currently the ruling party at the national level.
High Court -: A High Court is a major court in a state in India. It deals with important legal cases and decisions.
