Karnataka shut down Death threat to lawyers complaint to be heard on Monday

Advocates K.N. Balraj and Siranjan Basha’s complaint against the Karnataka Chief Minister B.S. Yeddyurappa and his ministerial colleague R. Ashok has taken another turn. On Friday, January 21^st, the lawyers alleged that their lives are in danger as they are being threatened by “unknown persons”.

Advocates K.N. Balraj and Siranjan Basha’s complaint against the Karnataka Chief Minister B.S. Yeddyurappa and his ministerial colleague R. Ashok has taken another turn. On Friday, January 21^st, the lawyers alleged that their lives are in danger as they are being threatened by “unknown persons”.

The two advocates belong to a 20-member association, Justice Forum, and have in view of the threats sought police protection. Speaking to the media Balraj said, “Since the time we approached the Governor, we have been getting calls from unknown persons asking us why we went to him. Some of the calls were intimidating in nature”.

Bangalore Mirror quoted that the two advocates have submitted to the Governor, details of 23 cases in which the Chief Minister and the Home Minister are reportedly involved.

Governor’s Sanction

It is alleged by the two advocates that the Chief Minister and members of his family are involved in various questionable land transactions. Yesterday, the Governor has granted sanction under Section 19(1) of the Prevention of Corruption Act, 1988 and Section 197 of the Criminal Procedure Code, 1973 for prosecuting the Chief Minister on the various corruption charges and criminal misconduct. In another development, the State Cabinet has passed a resolution asking the Governor to drop proceedings for prosecution of the Chief Minister, saying it was "an attempt to obstruct the Governor from discharging his constitutional duty".

Senior Advocates have condemned this action of the cabinet.

Former Advocate General B.V. Acharya was quoted as stating that, “no constitutional functionary, in this case the Governor, can be asked not to exercise or restrain his power. The Cabinet can only appeal or request. Use of strong words is not proper”.

Another former Advocate General, R.N. Narasimha Murthy, also said “the Governor has all the power to sanction the prosecution of the Chief Minister. He is not constitutionally wrong. But passing of the resolution is a political move. But that cannot stop the Governor".

“There is no constitutional or legal sanctity for such a request from the state cabinet to the Governor. Should the material placed before the Governor be legally adequate to sustain a charge of corruption against the Chief Minister, the former ought to grant sanction for prosecution”, said Supreme Court Advocate K.V. Dhananjay.

Senior Advocate Ravi Varma Kumar said, “The State Cabinet has exceeded its limits. The Cabinet’s function is to advise and aid the Governor. In this case, two ministers are accused and the Governor need not consider any resolution or appeal by the aggrieved party”.

Complaints filed

On Saturday, January 22nd, advocates Siranjan Basha and K.N. Balaraj, filed a complaint before the Bangalore Court. The matter would come up before Judge C. Hipparagi on Monday, January 24, 2011.

State shut-down

The entire State has come to a halt after the Governor sanctioned the prosecution of the Chief Minister. There have been incidences of violence in most parts of the State. Regional political party JD (S) said it would file a contempt petition against State sponsored bandh saying the protest violated the Supreme Court's order banning shut-downs as per the law laid down in J. Satish Kumar case. “The bandh called by the ruling BJP went against the apex court order” claimed JD(S).

Media reports that Karnataka Chief Minister B.S. Yeddyurappa is set to meet President Pratibha Patil today and has consulted legal luminaries Ram Jethmalani and Fali S. Nariman to give final touches to his battle strategy.