Karnataka Chief Minister K Siddaramaiah Faces Legal Challenge Over MUDA Scam
New Delhi, India – The Karnataka Governor’s office has informed the state’s high court that the decision to prosecute Chief Minister K Siddaramaiah in the alleged Mysore Urban Development Authority (MUDA) scam was made after careful consideration. Solicitor General Tushar Mehta presented this information while addressing the Karnataka High Court regarding Siddaramaiah’s plea challenging the prosecution sanction granted by Governor Thawar Chand Gehlot.
Mehta argued that if a prima facie cognizable offense is established, the Governor is obligated to grant prosecution sanction. He emphasized that the Governor’s decision was made with thorough application of mind. After hearing arguments from various legal representatives for over six hours, Justice Nagaprasanna scheduled further arguments for September 2 at 2:30 PM.
Mehta explained that under Section 17 of the Prevention of Corruption Act, a preliminary inquiry is not always necessary, as each case is unique. He stated that prosecution sanction is granted based on material collected during the investigation. The Governor’s decision to grant sanction is an exclusive function, and not granting it could undermine democratic power.
Mehta also noted that the Chief Secretary’s 45-page note and the Advocate General’s opinion were considered before the matter was placed before the cabinet. He criticized the Chief Minister’s response as a mere copy of the cabinet’s note. Mehta argued that the application of mind should be evident in the file, not necessarily in the sanction order.
Senior Advocate Maninder Singh and other counsels also made their submissions. Singh argued that the offense affects society, allowing anyone to seek prosecution sanction. He concluded his arguments, and in the post-lunch session, Senior Advocate Abhishek Manu Singhvi, representing Siddaramaiah, requested more time to analyze the respondents’ response.
Other counsels argued that the Governor should act independently, especially when the Chief Minister or a cabinet member faces prosecution. They referenced Article 143 to show the council of ministers and the Chief Minister are not separate entities. They also argued that giving notice to public servants could lead to evidence tampering.
Another counsel highlighted that non-existent land was involved in a sale deed and gifted to the Chief Minister’s wife, who now claims compensation. A complaint was previously filed by social activist Snehamayi Krishna against the Karnataka CM and nine others for allegedly forging documents to claim compensation from the Mysuru Urban Development Authority.
Doubts Revealed
Karnataka -: Karnataka is a state in the southern part of India. Its capital city is Bengaluru.
Chief Minister -: A Chief Minister is the head of the government in an Indian state, similar to a principal of a school but for the whole state.
K Siddaramaiah -: K Siddaramaiah is a politician and the current Chief Minister of Karnataka.
Legal Challenge -: A legal challenge means someone is questioning or fighting against something in court.
MUDA Scam -: MUDA Scam refers to a case involving the Mysuru Urban Development Authority, where people are accused of doing something wrong to get money.
Governor -: A Governor is like the President of a state in India. They have important duties and make big decisions.
High Court -: The High Court is a big court in India where important cases are decided.
Prosecute -: To prosecute means to officially accuse someone of a crime and try to prove they did it in court.
Solicitor General -: The Solicitor General is a top lawyer who represents the government in court.
Tushar Mehta -: Tushar Mehta is the current Solicitor General of India.
Prosecution Sanction -: Prosecution sanction is permission given by a higher authority to start legal action against someone.
Prima Facie -: Prima facie means ‘at first look’ or ‘based on the first impression.’ It means there is enough evidence to start a case.
Forgery -: Forgery is when someone makes a fake document or signature to cheat others.
Compensation -: Compensation is money given to someone to make up for a loss or damage.
Mysuru Urban Development Authority -: Mysuru Urban Development Authority (MUDA) is a government organization that plans and develops the city of Mysuru.
Arguments -: Arguments in court are when lawyers talk about why they think someone is guilty or not guilty.
September 2 -: September 2 is a date when the next part of the court case will happen.
