BENGALURU: The High Court of Karnataka on Thursday issued notices to Governor Thaawarchand Gehlot and others on an appeal by CM Siddaramaiah, questioning the September 24 order of a single judge upholding the consent given by the governor to conduct an investigation against him and others in the MUDA case.
The court also issued notices to the governor and others on appeals by J Devaraju, who sold his land to CM’s brother-in-law Mallikarjuna Swamy, questioning the single judge’s observations against him without making him a party to the petition.
MUDA: HC adjourns hearing to January 25
Devaraju also challenged the single judge’s November 5 order, which directed the Lokayukta police to submit its investigation report by November 25 while hearing a petition filed by activist Snehamayi Krishna, seeking directions to refer the Mysuru Urban Development Authority (MUDA) case to the Central Bureau of Investigation.
In Siddaramaiah’s appeal, apart from the governor, the other respondents are the chief secretary, and activists Abraham TJ, Snehamayi Krishna and Pradeep Kumar SP, who sought governor’s consent for a probe against the Cheif Minister.
They are respondents along with Siddaramaiah, his wife, brother-in-law, Union of India and Lokayukta police in Devaraju’s appeals.
A division bench of Chief Justice NV Anjaria and Justice KV Aravind passed the order and adjourned the hearing to January 25.
Appearing on behalf of Devaraju, senior counsel Dushyant Dave argued that the single judge had condemned his client without making him a party to the petition for the land denotified in 1998. His client had to face prosecution, which affected his rights and liberty. Therefore, the division bench has to protect him by staying the single judge’s order, he said.
However, the division bench orally observed that an ex-parte interim order of stay cannot be passed without issuing notices to the respondents and hearing them. Also, this court cannot interfere with the proceedings of the other court, the division bench said.
Senior counsels Abhishek Manu Singhvi and Prof Ravivarma Kumar argued on behalf of the Chief Minister.
Senior advocate Kapil Sibal and advocate general K Shashikiran Shetty argued on behalf of the state government. Senior counsels Maninder Singh and KG Raghavan represented Snehamani Krishna.