Bengaluru: The Karnataka Excessive Court docket on Monday adjourned the additional listening to on Chief Minister Siddaramaiah’s plea, difficult the legality of Governor Thaawarchand Gehlot’s sanction for his prosecution within the Mysuru City Growth Authority (MUDA) web site rip-off, to Sept. 12 at 12 midday.
The Single-Choose Bench of Justice M. Nagaprasanna, which is listening to the case, instructed the advocates of each the events to finish their arguments on the identical day (Sept. 12), making a transparent lower statement that there could be no finish to the arguments, if extended additional.
Addressing Senior Supreme Court docket Advocate Manu Singhvi, showing for the applicant (CM Siddaramaiah), via video convention, Justice Nagaprasanna requested whether or not he could be showing on the Court docket in individual on Sept.12, for which the latter replied with a sure.
AG Shetty’s arguments
Earlier, Advocate Basic (AG) Shashi Kiran Shetty, representing the State, asserted that solely the Police are authorised to conduct such inquiries beneath Part 17A of the Prevention of Corruption Act, which governs investigations into public officers.
He referred to Lalithakumari case, stating that, there’s a want for preliminary inquiry earlier than submitting FIR, however not for conducting inquiries beneath Part 17A.
When Justice Nagaprasanna, requested concerning the prerequisite permission important beneath Part 17A, AG Shetty cited the Supreme Court docket directive concerning the preliminary inquiries into the character of instances. With MUDA case being a 22-year-old case, there’s a want for a preliminary inquiry, with even the Central Authorities drafting the rules on this regard.
Lakshmy Iyengar’s observations
Senior Counsel Lakshmy Iyengar, representing complainant Snehamayi Krishna, made a pointed argument that Siddaramaiah’s tenure was marred by key selections associated to MUDA rip-off, linking him on to the questionable actions.
Iyengar traced Siddaramaiah’s involvement again to his time as Deputy Chief Minister in 1996, persevering with via his time period as Chief Minister from 2013 to 2018. She argued that essential selections involving land de-notifications — the place government-acquired land is returned to non-public possession — occurred beneath his management. This, she claimed, clearly connects Siddaramaiah to the allegations of energy abuse and mismanagement of public sources.
The crux of the authorized debate revolves round whether or not the Governor adhered to the right protocols in granting permission to prosecute Siddaramaiah.
Preliminary probe wanted
Advocate Basic Shetty contended {that a} Police-led preliminary inquiry is a authorized prerequisite for such a sanction, a step allegedly bypassed by the Governor, casting doubt on the legitimacy of all the course of.
In distinction, Iyengar underscored that Siddaramaiah’s involvement within the MUDA selections was not coincidental, however a direct consequence of his political affect throughout his time in workplace. She argued that the questionable land transactions on the coronary heart of the rip-off occurred beneath Siddaramaiah’s watch, pointing to a transparent connection between his management and the alleged corruption.