MUDA Case Hearing Adjourned: Attorney General Says Governor Can’t Act as Investigator

The Karnataka High Court has adjourned the hearing of Chief Minister Siddaramaiah’s case against Governor Thaawar Chand Gehlot to September 12. The case concerns a writ petition filed by CM Siddaramaiah challenging the Governor’s prosecution order in the Mysuru Urban Development Authority (MUDA) case.

Justice M. Nagaprasanna, who is presiding over the case, heard arguments on Monday. Advocate General K. Shashi Kiran Shetty, representing CM Siddaramaiah, argued that the Governor cannot act as an investigator. He emphasized that preliminary inquiries must be conducted by an appointed investigator rather than by the Governor himself, noting that there is no legal provision for the procedure followed by Governor Gehlot.

Shetty cited Section 17(A) of the Prevention of Corruption Act, which stipulates that sanction for prosecution must be granted by a police officer, not the Governor. He also referenced a similar case involving former Chief Minister BS Yediyurappa, pointing out that in that instance, the prosecution sanction was based on a decision made by Yediyurappa himself.

“The Governor should assess whether a crime was committed in the decisions made by the Chief Minister. Allowing complaints without a proper basis could lead to numerous cases being filed,” Shetty said.

Lakshmi Iyengar, representing petitioner Snehamayi Krishna, presented evidence suggesting involvement of CM Siddaramaiah in the MUDA case, claiming that Siddaramaiah’s wife lacks an independent source of income, which should be attributed to him.

Senior counsel Abhishek Manu Singhvi, representing CM Siddaramaiah, will continue his submissions on September 12. Singhvi has argued that the Governor did not adhere to principles of natural justice or consider the Cabinet’s advice in granting permission for the investigation.

The Governor’s office is defended by Solicitor General Tushar Mehta, who maintains that the decision was lawful and followed due process.

In related news, the Karnataka government has suspended former MUDA Commissioner GT Dinesh Kumar pending an investigation into the charges against him. Kumar has been barred from leaving the headquarters without permission.

The case is approaching its final stages, with a ruling expected by the weekend.