 "What is MUDA scam case? Why has Karnataka High Court green-lit probe against CM Siddaramaiah?")
The Karnataka High Court has dismissed Chief Minister Siddaramaiah’s plea against Governor Thawarchand Gehlot’s decision to grant sanction for investigation against the veteran leader in the alleged Mysore Urban Development Authority (MUDA) scam. The Karnataka CM is facing heat over alleged irregularities in the allotment of residential sites by MUDA to land losers as compensation.
Questions have been raised about Siddaramaiah’s wife, Parvathi, benefiting from the compensation scheme. The opposition Bharatiya Janata Party (BJP) and the Janata Dal (Secular) are up in arms against the ruling Congress government in the southern state over the case.
What is the MUDA ‘scam’ case? Why has the Karnataka HC okayed a probe against Siddaramaiah? Let’s understand.
What is MUDA ‘scam’?
In July, anti-corruption activists TJ Abraham, Snehamayi Krishna and Pradeep Kumar lodged separate complaints alleging that Parvathi, the Karnataka CM’s spouse, illegally benefited from the land exchange scheme introduced by MUDA in 2020.
They alleged Parvathi received 14 housing sites from MUDA in lieu of her 3.16-acre plot of land in Kesare on the outskirts of Mysuru that was “illegally” acquired by the local authority in 2021 when the BJP was in power in Karnataka, which they claimed led to a Rs 55.80 crore loss for the state.
The three activists have questioned the original ownership of the land. The 3.16-acre parcel of land was gifted to Parvathi by her brother Mallikarjuna Swamy Devaraj in 2010. Swamy had purchased the land in 2004. As per Indian Express, the activists claim that MUDA had already acquired the land when Siddaramaiah’s brother-in-law bought it.
They have reportedly accused Mallikarjuna of obtaining the land “illegally” in 2004 using forged documents with the help of government officials.
During Siddaramaiah’s previous tenure as Karnataka CM in 2014, his wife filed for compensation under MUDA’s 50:50 scheme. Under this, the land loser is allotted 50 per cent of developed land in exchange for the undeveloped land acquired by the authority.
Siddaramaiah’s wife has reportedly been compensated with 14 sites in an upmarket residential layout. According to Indian Express, activist Abraham has alleged that the value of allotted developed plots to CM’s wife is higher than the wrongly acquired land by MUDA.
Siddaramaiah has defended his wife saying she did not prefer allotment of compensatory sites at the prime location in Mysuru. He also pointed out that the alternative plots were given during the BJP regime in October 2021.
MUDA officials have come under fire for allegedly sanctioning compensatory sites to ineligible people based on forged and bogus documents, reported The Hindu. The matter came to the limelight after the MUDA continued the allotment of sites under the 50:50 scheme despite the Congress government’s directives to halt it.
Why the HC gave nod to probe CM
In August, Karnataka Governor Thawarchand Gehlot allowed investigations against Siddaramaiah under Section 17A of the Prevention of Corruption Act, 1988 (PCA) and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
He had issued a show cause notice to the chief minister on July 26. While Karnataka’s Council of Ministers passed a resolution “strongly advising” the governor to take back the notice on August 1, Gehlot went ahead and sanctioned the proceedings against Siddaramaiah, reported Indian Express.
With this order, the governor gave his nod to the three activists to seek a probe against the Karnataka CM over graft allegations. This sanction is required to investigate and prosecute public officials for offences under the PCA.
The governor’s order was challenged by Siddaramaiah in the Karnataka High Court, which on August 19 paused “precipitative action” based on the governor’s sanction, giving temporary relief to the CM.
In its hearing of the case on Tuesday (September 24), the High Court upheld the Karnataka governor’s decision to sanction the investigation against Siddaramaiah. As per LiveLaw, a single judge bench of Justice M Nagaprasanna said, “The facts narrated in the petition would undoubtedly require investigation, in the teeth of the fact that the beneficiary of all the acts is not anybody outside but the family of the petitioner. The petition stands dismissed.”
Siddaramaiah had said in the court that the governor is bound by the aid and advice of the Council of Ministers of the state. But, in this case, the “friendly” governor gave sanction without giving any reason for the decision.
On the application of Section 17A of the PCA, the High Court said it is the “duty” of a complainant – even if they are a private citizen – to seek approval to investigate a public official.
Senior advocate AM Singhvi, representing the Karnataka CM, argued that the governor “cannot assume the advice of the Cabinet of ministers is biased and assume discretionary powers” and “must explain orders that the Cabinet decision suffers from manifest irrationality”.
The court stated in its order that the governor can make “independent decisions if exceptional circumstances arise”. It observed that the governor “did apply his mind in abundance” and that Gehlot’s order “does not suffer from non-application of mind…” “There is no fault in the governor’s actions. The facts narrated need investigation. The petition is dismissed,” the court said.
As per NDTV, the ruling means a lower court can now initiate legal proceedings against Siddaramaiah. The Karnataka CM could approach the Supreme Court against the High Court order.
Reactions to HC order
Reacting to the High Court judgement, the Congress chief minister labelled the MUDA ‘scam’ case a “sham”. “This is a fight against the revenge politics of Narendra Modi-led BJP government. Our judicial struggle against this revenge politics of BJP and JDS will continue. I have faith in the court,” Siddaramaiah asserted.
Karnataka Deputy Chief Minister and state Congress chief DK Shivakumar said the party stands with the CM, terming the case a “BJP conspiracy”.
“Siddaramaiah has not committed any offence and will come out clean in any investigation. The BJP cannot digest the good work done by the Karnataka CM and has hatched a conspiracy to dislodge him,” he was quoted as saying by Indian Express.
Former Union minister Rajeev Chandrasekhar alleged, “Siddaramaiah is only continuing the traditions of the Congress party where they enter politics in the name of helping the poor and make false promises of development and progress, but always end up enriching their own vaults.”
Siddaramaiah is only continuing the traditions of the Congress party where they enter politics in the name of helping the poor and make false promises of development and progress, but always end up enriching their own vaults.
— BJP (@BJP4India) September 24, 2024
- Shri @RajeevRC_X
Watch full video:… pic.twitter.com/Wdmp8aWtIG
Targeting the CM, the BJP is demanding Siddaramaiah’s resignation. BY Vijayendra, the Karnataka BJP chief, asked him to “resign immediately, without further delay”.
With inputs from agencies
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