Karnataka High Court To Hear In September CM Siddaramiah's Plea Against Order Upholding Sanction To Prosecute In MUDA Case

The Karnataka High Court is expected to hear in September an appeal by Chief Minister Siddaramiah challenging a September 24, 2024 single judge's order which upheld the Governor's decision granting sanction for investigation/prosecution against him in the alleged Mysore Urban Development Authority (MUDA) scam.

Along with the CM's appeal the court will also hear the appeal filed by complainant Snehamayi Krishna challenging order refusing to transfer investigation in the case to the Central Bureau of Investigation.

A division bench of Acting Chief Justice V M Kameshwar Rao and Justice C M Joshi on Wednesday (July 9) re-issued notices to the respondents in the appeal who remained unserved and then notified that the appeal be listed for hearing in September. A co-ordinate bench of the high court had first issued notice on the CM's appeal on April 16. 

On September 24, 2024 the single judge had dismissed Chief Minister Siddaramaiah's plea against the Governor's decision granting sanction under Section 17A of the Prevention of Corruption Act and Section 218 of the Bharatiya Nagarik Suraksha Sanhita for investigation/prosecution.

The single judge while dismissing the petition filed by Siddaramaiah had said the complainants were justified in registering the complaint or seeking approval from the Governor. It is the duty of the complainant to seek approval under Section 17A of Prevention of Corruption Act and the Governor can take independent decisions.

With respect to application of Section 17A PC Act the court had said "The approval under Section 17A of Prevention of Corruption Act is mandatory under the facts and situation. Section 17A nowhere requires a police officer to seek approval in a private complaint registered under Section 200 of Criminal Procedure Code or 220 of BNSS against a public servant. It is the duty of the complaint to seek such an approval".

On the aspect of whether the Governor has to heed to the aid and advice of council of ministers in passing such an order the court had said, "The Governor in normal circumstances has to act on the aid and advice of the council of ministers, but can take independent decisions in exceptional circumstances and the present case projects such exception. No fault can be found in the Governor exercising independent discretion to pass the impugned order. It would suffice if the reasons are mentioned in the file of the decision making authority, particularly the high office and those reasons succinctly form part of the order. A caveat, reasons must be in the file, reasons for the first time cannot be brought before the constitutional court by objections".

On February 7 this year the single judge while dismissing the petition filed by Krishna had said “The material on record does not indicate that investigation conducted by Lokayukta is partisan or loop sided or shoddy for this court to refer the matter to CBI for further investigation or reinvestigation. Petition is dismissed."

The original land owner Devaraju J who sold the land to the brother-in-law of the Chief Minster has also filed an appeal challenging the single judge bench order upholding order of sanction granted by the Governor.

Case Title: Siddaramaiah AND State of Karnataka & Others and batch

Case No: WA 1569/2024