Blow to Siddaramaiah, court upholds Governor's nod to probe him for land 'scam'

The Karnataka High Court dismissed Chief Minister Siddaramaiah's plea, challenging the legality of the Governor's approval to probe him in the MUDA land scam case.

In Short

• Karnataka High Court says Governor is independent to order probe
• Siddaramaiah had challenged legality of Governor's nod to prosecute him
• Case is about claims of land allocation at higher value to Siddaramaiah's wife

The Karnataka High Court on Tuesday dismissed Chief Minister Siddaramaiah's petition challenging the legality of the Governor's nod to an investigation against him over alleged irregularities in the Mysuru Urban Development Authority (MUDA) land scam case.

The Governor can take "independent decisions if exceptional circumstances arise", the court said, adding that the Governor's order "does not suffer from non-application of mind".

"The Governor in the normal circumstance has to act on the aid and advice of the Council of Ministers as obtaining under Article 163 of the Constitution of India, but can take independent decisions in exceptional circumstances and the present case is one such exception."

"It is not a case of nowhere even a semblance of application of mind but abundance of application of mind," a bench headed by Justice M Nagaprasanna said, dismissing Siddaramaiah's plea challenging the sanction granted by Governor Thawar Chand Gehlot to three people to file corruption cases against the Chief Minister over the land that MUDA granted to his wife BM Parvathi.

The bench stressed that the facts narrated in the plea needed investigation before dismissing it.

The sanction was granted in July following complaints by three activists - TJ Abraham, Snehamai Krishna and Pradeep Kumar SP - against Siddaramaiah in the MUDA case.

The case pertains to allegations that compensatory sites were allotted to Siddaramaiah's wife BM Parvathi in an upmarket area in Mysuru that had higher property value as compared to the location of her land that had been "acquired" by MUDA. MUDA had allotted plots to Parvathi under a 50:50 ratio scheme in lieu of 3.16 acres of her land, where MUDA developed a residential layout.

The Karnataka High Court on September 12 completed its hearing on Siddaramaiah's petition challenging the legality of Governor Gehlot's approval for an investigation against him in the MUDA site allotment case and reserved its orders.

On August 19, Siddaramaiah moved the Karnataka High Court challenging the legality of the Governor's order. On August 16, the Governor accorded sanction for an investigation against Siddaramaiah in connection with a MUDA site allotment case.

WILL RESPOND AFTER REVIEWING THE COURT ORDER: SIDDARAMIAH

Chief Minister Siddaramaiah addressed the media today regarding the High Court decision, stating that he first learnt about the ruling through news reports. "I will respond only after thoroughly reviewing the copy of the order," he remarked. The court dismissed the Governor's directive under Section 218, a key element of the ongoing legal debate. However, the judges focused their decision solely on Section 17A of the Governor's order, leaving other legal aspects untouched. The Chief Minister emphasised his openness to a formal investigation if legally justified, adding, "I will not hesitate to investigate, but I need to consult with experts to determine whether such an investigation is permitted by law."

According to the Chief Minister, the Governor had initially denied permission for prosecution under the Prevention of Corruption (PC) Act. He assured the public that he would engage legal experts to chart the next steps in this legal battle, noting that any future decisions will be based on a careful review of the law and the court's directives.

WHAT IS THE MUDA CASE?

The controversy centres around the allotment of 14 premium sites in Mysuru to Siddaramaiah's wife, BM Parvathi, as compensation for land acquired by the government. Social activists and the BJP have alleged that this allotment was unlawful and resulted in a significant loss to the state treasury.

The land in question is a 3.16-acre parcel in Kesare village, which was originally owned by another party. It was allegedly transferred to Siddaramaiah’s brother-in-law, Mallikarjuna Swamy Devaraj, in 2005, though it was recorded as having been purchased in 1998. Activists claim that Mallikarjuna Swamy acquired the land illegally in 2004 using forged documents with the aid of government officials.

In 2014, during Siddaramaiah’s previous tenure as Chief Minister, his wife applied for compensation under MUDA’s 50:50 scheme, which provides 50 per cent developed land to those who lose undeveloped acquired land. The compensation was granted in the form of 14 alternative sites in a prime location in Mysuru.

Siddaramaiah has defended himself by stating that the land for which his wife received compensation was a gift from her brother in 1998 and that the compensation was granted during BJP’s rule, and called the allegations politically motivated.

The BJP has demanded Siddaramaiah’s resignation and a Central Bureau of Investigation (CBI) probe into the matter.