BENGALURU: Solicitor-General of India Tushar Mehta on Saturday argued before the Karnataka High Court that Governor Thaawarchand Gehlot used his discretion and power of exception from the constitutional mandate to grant sanction to prosecute Chief Minister Siddaramaiah concerning the MUDA row, since there are prima facie serious allegations supported by material against him. This is evident from the fact that the state government itself has constituted a high-level committee headed by a senior IAS officer, and appointed a commission of inquiry headed by a former high court judge to look into the same.
He was arguing on behalf of the Governor before Justice M Nagaprasanna, who was hearing the petition filed by Siddaramaiah questioning the legality of the sanction. Senior counsel Abhishek Manu Singhvi, representing Siddaramaiah, argued that the Governor had given sanction without application of mind and following due procedure of law. Mehta submitted that the Governor had rejected the aid and advice of the cabinet to dismiss the applications seeking sanction, because the decision of the cabinet meeting chaired by Deputy CM DK Shivakumar was biased and irrational.
Conflict of interest cannot be ruled out just because CM Siddaramaiah abstained from that meeting, since he authorised his deputy to chair it. The Governor appoints the chief minister and other ministers as per the advice of the CM, hence they cannot take an impartial decision, he argued. Producing the original file of sanction obtained from the Governor’s office, he claimed there was nothing to hide.
Caesar’s wife should be above suspicion: Lawyer
Supporting Mehta’s arguments, senior advocate Maninder Singh, representing complainant Snehamayi Krishna, argued that the cabinet resolution was passed to pressurise the Governor. Moreover, Caesar’s wife should be above suspicion, he quoted, on the sites allotted to the CM’s wife Parvathy BM.
Ranganatha Reddy, representing applicant Abraham TJ, argued that compensatory sites were allotted to the CM’s wife for non-existing land. Reddy also submitted an application seeking action for making false allegations that other applications -- against Union minister HD Kumaraswamy, former ministers Shashikala Jolle and Murugesh Nirani -- are pending before the Governor. Senior counsel Prabhuling K Navadagi also argued on behalf of an applicant seeking sanction before the governor.