BENGALURU: Terming the sanction granted to prosecute CM Siddaramaiah “an assault on federalism” to remove him as CM, senior advocate Abhishek Manu Singhvi argued that Governor Thaawarchand Gehlot did not apply his mind before granting sanction for prosecution in the Mysore Urban Development Authority (MUDA) land scam. It is alleged that MUDA violated norms while allotting sites to Siddaramaiah’s wife Parvathy BM.
Singhvi was arguing before Justice M Nagaprasanna, who was hearing the petition filed by Siddaramaiah, questioning the grant of sanction to complainants Snehamayi Krishna, Abraham TJ and advocate Pradeep Kumar. He claimed that sanction was given but did not meet the textual ingredients of Section 17A of the Prevention of Corruption Act.
He further argued that as per this provision, sanction can be given on an application filed by an investigation agency to prosecute public servants for recommendations made or decisions taken, violating the law. Otherwise, it cannot satisfy Section 17A. It is does not apply to Siddaramaiah since he did not make any recommendation for allotment of sites, Singhvi argued, pointing out other criteria to be followed by the Governor before granting sanction.
He also argued that a complainant filed a reply before the special court to try cases against sitting and former MPs and MLAs, stating that sanction is not required at this stage for referring the complaint for investigation. However, like Alice in Wonderland, the very same person filed a complaint before the Lokayukta on the same issue, he alleged, pointing out contradictions in the complaint and reply filed before the high court by the complainant.
Singhvi submitted that people like the Governor should restrain themselves and apply their minds since they cannot give sanction mechanically. The applications seeking sanction to prosecute Union Minister HD Kumaraswamy, and former ministers Shashikala Jolle and Murugesh Nirani, are pending before the Governor, but he only granted sanction for the chief minister, he alleged. He also stated that the Governor should act on the advice of the cabinet, which requested him to reject the application seeking sanction. The court adjourned the hearing to August 31.