On September 10, 2024, the Karnataka High Court began hearings on a petition challenging the legality of Governor’s approval for an investigation into Chief Minister Siddaramaiah over the Mysuru Urban Development Authority (MUDA) scam.
Key Arguments:
- State Government’s Position: State Advocate-General Shashi Kiran Shetty argued that while the Governor can approve a probe against the Chief Minister, he should not have directly initiated a “preliminary inquiry” under Section 17A of the Prevention of Corruption Act. According to Shetty, the Governor should have first obtained a preliminary report from the investigating agency.
- Legal Precedent: The court noted Shetty’s earlier legal opinion, which aligned with a 2023 High Court verdict stating that trial courts cannot entertain private complaints against public servants without prior approval from competent authorities.
- Preliminary Inquiry Requirement: Shetty emphasized that the Governor was required to seek a preliminary inquiry report before granting approval for the investigation. He also clarified that the Special Court could not entertain the complainants’ pleas without this preliminary inquiry.
- Complainants’ Claims: Senior advocate Lakshmy Iyengar, representing one of the complainants, argued that Siddaramaiah’s influence led to the illegal allotment of 14 sites to his wife. Iyengar highlighted that this period of alleged misconduct spanned when Siddaramaiah held various political positions, as well as a period when his party was not in power, demonstrating continued influence.
The court has adjourned further hearings until September 12, 2024.
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