Karnataka High Court upholds Governor’s approval for investigation against Chief Minister Siddaramaiah
The Hindu
Observing that the facts narrated undoubtedly require investigation in the teeth of the fact that the beneficiary of all these acts is not anybody outside, but the family members of Mr. Siddaramaiah, the court said that Governor’s order granting permission for investigation “does not suffer from any application of mind but there is abundance of application of mind...”
In a setback for Chief Minister Siddaramaiah, the High Court of Karnataka on Tuesday (September 24) upheld the Governor’s decision to grant permission to conduct an investigation against him on the allegation of illegalities in allotment of 14 sites by the Mysuru Urban Development Authority (MUDA) to his wife, Parvathi.
Also, the High Court vacated the interim order granted on August 19 directing a special court in Bengaluru to defer a decision on complaints against Mr. Siddaramaiah, and also rejected a plea to stay today’s verdict to enable Mr. Siddaramaiah to appeal against it.
Also read | MUDA case LIVE: Karnataka High Court dismisses CM Siddaramaiah’s petition
Justice M. Nagaprasanna passed the order while dismissing Mr. Siddaramaiah’s petition challenging the legality of permission granted by the Governor.
Observing that the facts narrated undoubtedly require investigation in the teeth of the fact that the beneficiary of all these acts is not anybody outside but the family members of Mr. Siddaramaiah, the court said that Governor’s order granting permission for investigation “does not suffer from want of application of mind, but there is abundance of application of mind...”
The complainants were justified in registering the complaint, or seeking approval from the Governor as approval under Section 17A Prevention of Corruption Act is mandatory in the given situation.
“Section 17A of the PC Act nowhere requires a police officer to seek approval in a private complaint registered under Section 200 of Code of Criminal Procedure (Cr.P.C) Section 223 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 against a public servant for an offence punishable under provisions of the PC Act. It is the duty of the complainant to seek such approval,” the court said.
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