“Governor’s approval has been challenged:: Karnataka CM legal advisor AS Ponnanna

Bengaluru (Karnataka) [India], August 19 (ANI): After the Karnataka High Court asked the trial court concerned not to take any precipitative action against CM Siddaramaiah based on the Governor’s prosecution sanction in MUDA ‘scam’, his legal advisor AS Ponnanna on Monday said that the order of sanction and the prior approval granted by the Governor was challenged.

Karnataka CM Siddaramaiah’s legal advisor AS Ponnanna said, “The order of sanction and the prior approval granted by the Governor was challenged. The matter was taken up in the court and we argued on various points including the tearing hurry in which the Governor has issued sanctions, the selective process as he has kept so many applications pending and chosen this case.”

He said that the file at some point in time should have come before the Chief Minister but it never happened and the respondents resisted the interim ground on the order that they should not interfere with the order of the Governor.

“The court was of the considered view that no precipitative action based on sanction order should be taken till the next date of hearing and asked all the respondents to complete their pleadings in reply and writing. The matter will be taken on August 29 for the final hearing,” he added.

The Karnataka High Court on Monday asked the trial court concerned not to take any precipitative action against Chief Minister Siddaramaiah based on the Governor’s sanction in MUDA ‘scam’, till the next date of hearing before the High Court.

A bench of Justice M Nagaprasanna posted the plea for hearing on August 29 which was filed by Siddaramaiah challenging the sanction for his prosecution by Governor Thaawarchand Gehlot in the alleged Mysuru Urban Development Authority (MUDA) land allotment scam.

While hearing Chief Minister’s plea, the High Court said trial shall not take any precipitative action based on the Governor’s sanction against Siddaramaiah in the MUDA case, as the High Court is hearing the matter.

The High Court said proceedings before trial court shall be deferred till the next date of hearing before the High Court.

In its order, the bench stated, “It was argued that the proceedings before the trial court are up for orders on whether a sanction should be granted to prosecute the Chief Minister. Any order permitting action to proceed further against the Chief Minister, would frustrate the proceedings before this court. Since the proceedings are pending before this court, the trial court shall defer its proceedings till the next date of hearing. There shall be no precipitative action qua these complaints.”

Senior advocate Abhishek Manu Singhvi, appearing for Siddaramaiah, argued that Governor didn’t give a single reason on merits why the sanction ought to be given for prosecution of Chief Minister.

Singhvi said that the Governor is bound by a Cabinet decision in such cases, however, he issued sanction in a short two-page order without considering the merits of the case.

Solicitor General Tushar Mehta, representing the Karnataka Governor submitted that in such cases there only needs to be an apprehension or suspicion of reasonable bias by the Cabinet in favour of the minister against whom sanction is sought.

Earlier, a complaint was filed by social activist Snehamayi Krishna against Karnataka CM Siddaramaiah and nine others for allegedly forging documents to claim compensation from the Mysuru Urban Development Authority.