The political overtones of the controversial Muda case are becoming increasingly sharper with the BJP now demanding the resignation of the Karnataka Chief Minister Siddharamaiah.
Siddharamaiah and Congress party is in no way ready to oblige.
Besides stating that he had done nothing wrong. His point is that no specific corruption charge has been made against him.
Further his point is that the people of Karnataka and the Congress High Command were both supporting him. He was sure that any investigation will find him in the clear.
The BJP now wants the Central Bureau of Investigation to take up the case.
It has come as a big boost to the Opposition in Karnataka when the Karnataka High Court gave its ruling today that the Governor was well within his right to prosecute the sitting Chief Minister.
The Opposition in Karnataka, Bhartiya Janata Party seems to be unrelenting in its practice of making charges against Chief Ministers to put them in the dock like it has done earlier in Jharkhand and Delhi
Following the Karnataka Governor Thawar Chand Gehlot orders to prosecute Chief Minister Siddaramaiah in the case related to MUDA scam, a plea had been filed by the Chief Minister in the High Court that the Governor did not enjoy the right to do that because he had to act under the advice of the cabinet, the High Court dismissed the plea stating that the sanction granted by Karnataka Governor to three people to file corruption cases against the Chief Minister over land that the Mysore Urban Development Authority (MUDA) granted to his wife Parvathi was justified.
Under normal circumstances, it is the duty of the Governor to act on the advice of council of ministers, but he can take independent decision in exceptional circumstances, like the present one, the Court had pointed out.
The Court held that private complainants could seek such sanction from the Governor, and it is not necessary that a police officer should do the same.
Approving the Governor’s order, the Court said, that it did not suffer from “want of application of mind.”
The Court urged for “investigation” into the case to find out if there has been any corruption.
The Congress and the Chief Minister are unfazed and emphatically point out that there was no corruption, and it is all politically motivated and that the truth shall come out once there was investigation.
Not to be outdone the Opposition BJP points out if that is so why is Chief Minister opposing the sanction for prosecution against him or any probe.
Even two weeks time to allow the Chief Minister to file an appeal was rejected by the Court.
The major complaint was that Siddaramaiah’s wife Parvathi was ‘gifted’ a plot of land measuring a little over three acres by her brother Mallikarjuna Swamy. Such land was initially acquired, then de-notified, and bought by Swamy.
It was developed by MUDA (Mysuru Urban Development Authority) even though a private individual owned it.
Swamy claimed that he bought the land in 2004 and gifted it to his sister. But since the land was illegally developed by MUDA, Parvathi sought compensation. She allegedly received highly inflated compensation, including 14 developed alternate plots of land that were much higher in value than the original three acres.
Siddaramaiah has maintained that to compensate his wife was a decision of MUDA and he was nowhere involved and, in any way, influenced or interfered in the decision.
He alleged that the Governor’s sanction under Section 17A of the Prevention of Corruption Act to prosecute him was “mala fide” without any application of mind.
The Congress also raised questions on the “unusual urgency” in granting the sanction.
Interestingly Congress pointed out that in a similar case against a BJP minister it took nine years and finally the pleas were rejected and no sanction was given for an investigation.
BJP on the other hand points out that the Governor would not have taken such an action if there was no “prima facie” material against the Chief Minister.
The CM had earlier argued that the Governor’s sanction order to prosecute him was bereft of any reasons on why he was prima facie guilty.
An argument on behalf of Siddaramaiah is also being made that the application of the Prevention of Corruption (PC) Act, cannot be made retrospectively as the offence took place sometime in 2005 and so in 2010, Section 17A cannot be applied.
A pertinent point was that as the Chief Minister was facing the allegation, the Governor could not act under the aid and advice of the Chief Minister’s Cabinet to decide to order Chief Minister’s prosecution.
The political fall out of this legal battle has been that Congress is now alleging that the BJP wants to destabilise the legitimately elected Karnataka government.
Getting the go ahead by High Court of Karnataka the three private individuals can now file cases of corruption against the Chief Minister.
One must keep in mind that the state Congress party is not unaware of the political implications of the case. It had already organised a “Raj Bhavan Chalo” protest and alleged “discrimination” towards the Congress. The Congress is already urging against any media trial.
As both political parties firm up their positions it seems the whole issue is going to be finally played out in the people’s court.
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