A Division Bench of the Karnataka high Court on Thursday said it will hear on November 23, the appeal filed by Chief Minister Siddaramaiah challenging the Governor's sanction to prosecute him in the alleged MUDA scam case.
In September this year, a single-judge of the High Court had dismissed Siddaramaiah’s plea challenging the sanction granted by Karnataka Governor Thawar Chand Gehlot to prosecute him (Siddaramiah).
The Chief Minister has now challenged the single-judge order by filing an appeal before the Division Bench.
Senior Counsel Abhishek Manu Singhvi, who appeared for Siddaramaiah, mentioned the appeal today before a bench of Chief Justice NV Anjaria and Justice KV Aravind and sought an urgent hearing of the matter.
The Bench agreed to list the matter on November 23.
The case concerns allegations of corruption in the grant of land by the Mysore Urban Development Authority (MUDA) to Siddaramaiah's wife, Parvathi.
As per the complaint, Siddaramaiah’s wife Parvathi was ‘gifted’ a land plot measuring a little over three acres by her brother Mallikarjuna Swamy. Such land was initially acquired, then de-notified, and bought by Swamy. It was developed by MUDA even though private individuals owned it.
Swamy claims to have bought the land in 2004 and gifted it to his sister. But since the land was illegally developed by MUDA, Parvathi sought compensation. She allegedly received highly inflated compensation, including 14 developed alternate plots of land that were much higher in value than the original three acres, under a 50:50 scheme.
On July 26 this year, the Karnataka Governor granted sanction to file a corruption case against Siddaramaiah (being a public servant) in the matter, following private complaints made by activists TJ Abraham, Snehamai Krishna and Pradeep Kumar SP.
Siddaramaiah challenged this move by approaching the High Court, where he argued that the MUDA's decision to compensate his wife were taken by it independently, without his interference or influence.
He also argued that the Governor’s sanction under Section 17A of the Prevention of Corruption Act to prosecute him was mala fide and taken without any application of mind.
However, Justice M Nagaprasanna dismissed his plea on September 24. Subsequently, the Karnataka Lokayukta filed an FIR against Siddaramaiah and three others on charges of corruption, cheating and forgery in connection with the MUDA sites allotment.
The September 24 single-judge order has now been challenged by the Chief Minister, in an appeal where he has made the Governor’s office and complainants TJ Abraham, Snehamayi Krishna and SP Pradeep Kumar as respondent-parties.