Karnataka Chief Minister Siddaramaiah on Monday filed a writ petition in the High Court challenging the order of Governor Thawarchand Gehlot. The Governor has approved an inquiry against the CM in connection with irregularities in the allotment of alternative sites by the Mysore Urban Development Authority (MUDA). But approval to prosecute him has not yet been received.
The Governor has approved investigation against the Chief Minister under Section 17A of the Prevention of Corruption Act, 1988. This gives the investigating agency the freedom to investigate against Siddaramaiah.
Why can’t the case proceed now?
The Governor has also approved prosecution under Section 218 of the Indian Civil Security Code (BNSS), 2023. After this, any court is allowed to take cognizance of the alleged crimes directly on the basis of available materials, without the need for any investigation. However, to prosecute under the PC Act, separate approval is required under Section 19. The Governor has not yet given this approval, only the investigation against Siddaramaiah has been approved.
If offenses under the PC Act are clubbed with offenses under the BNSS, the prosecution cannot proceed unless the Governor grants separate sanction under Section 19 of the PC Act.
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The investigation can proceed like this
Some complaints against CM Siddaramaiah are pending in the Special Sessions Court for MPs and MLAs. If an investigation is ordered by the court on the basis of these complaints, then the investigation can proceed on the basis of the existing approval. If the charge sheet is filed after investigation, further prosecution cannot take place against Siddaramaiah unless the Governor gives sanction under Section 19 of the PC Act.
Investigations involving other public servants (such as Siddaramaiah’s son or IAS officers) require separate approval under Section 17A of the PC Act.
Caveat in High Court
Siddaramaiah can challenge the validity of the Governor’s approval. In view of the possibility of such a challenge, a caveat has been filed in the High Court. Caveat means to warn an accused person in advance. There are some situations in civil cases, where a complainant brings a case to the court and summons are issued to the defendant related to that case.
The case will be heard on 20th and 21st August.
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