Bengaluru: The Karnataka High Court on Tuesday dealt a body blow to Karnataka Chief Minister Siddaramaiah in the MUDA scam, holding that he was “behind the smoke screen for every benefit (allotment of 14 plots in heart of Mysuru city) that has flown to the wife” and “he should not fight shy of any investigation against him.”
HC upheld Governor’s sanction
Upholding Karnataka Governor Thawarchand Gehlot’s order that granted permission for investigation of allegations against Chief Minister Siddaramaiah, the High Court said that while in normal circumstances the Governor acts on the aid and advise of the Council of Ministers, “in such exceptional circumstance, like the sanction/approval against the Chief Minister- independent discretion is imperative; the Governor has thus taken an appropriate decision to independently assess the matter, exercise his independent discretion and pass the order” for investigation against the Chief Minster.
Delivering verdict in the case, justice Nagaparasanna said, “How and why the rule was bent in favour of the family of the Chief Minister is what is required to be investigated into. If this does not require investigation, I fail to understand what other case can merit investigation, as the beneficiary is the family of the petitioner and the benefit is by leaps and bounds, it is in fact a windfall.”
Siddaramaiah challenged Governor’s sanction
Justice M Nagaparsanna’s judgment comes on a petition by Karnataka Chief Minister Siddaramaiah, who had challenged the governor’s decision according sanction to investigate him for corruption in August this year.
MUDA Scam
The allegation against the Chief minister is that his wife Parvati got plush plots in the heart of Mysusru as compensation against a 3.2 acre plot in her name which was acquired by (Mysuru Urban Development authority) MUDA. The charge is that the 14 plots given as compensation to the Chief Minister’s wife was valued many times the land acquired from her. These allotments were made in favour of the chief Minster’s wife under the compensatory allotment sites by MUDA for lands acquired by it.
High Court also made some very scathing observations against the Chief minister
The court also made some very scathing observations against the Chief minister in its judgement where it said “If this were to be a case of common man, he would not have fought shy of facing the investigation. In the opinion of the Court, the Chief Minister, a leader of the proletariat, the bourgeois and of any citizen, should not fight shy of any investigation. There is lurking suspicion, looming large allegations, and the beneficiary of `56 crores, is the family of the Chief Minister – the petitioner.”
On allotment of compensatory sites in favour of the chief minsiter’s wife the judge noted, “Prima facie, the family of the petitioner obtained undue advantage. ‘Undue advantage’ I deem it appropriate to use for the reason that relinquishment of land happens 40 kms. away but compensatory land spring within the heart of Mysore city. This is enough circumstance for undue influence by a public servant to benefit his own family. For usage of undue influence there need not be any recommendation or any order being passed by a public servant.”
Benefit is to the family prima facie due to the power of the petitioner
The court also said that, “The benefit in fact has flown to the family and the benefit is to the family prima facie due to the power of the petitioner. Not a single instance is shown where a person who has relinquished land in Kesare Grama, has been granted compensatory land in the upscale area of Mysore City. It is no doubt true that it is not only in the case of the petitioner that compensatory land by way of sites is granted. But it is only in the case of the wife of the petitioner that it is granted in Vijaynagar, III Stage.”
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