Bengaluru, Sep 9 (IANS) The Karnataka High Court Bench hearing Chief Minister Siddaramaiah’s case against Governor Thaawar Chand Gehlot, on Monday adjourned the hearing to September 12.
The Bench, headed by Justice M Nagaprasanna was looking into the writ petition filed by CM Siddaramaiah challenging the prosecution order against him by Governor Gehlot in the Mysuru Urban Development Authority (MUDA) case.
Advocate General, K Shashi Kiran Shetty, presenting his arguments for CM Siddaramaiah submitted to the court that the Governor cannot act as an investigator.
The preliminary enquiries will have to be conducted by an investigator and not by the Governor himself, Advocate General Shetty argued and added that there was no provision under the law for the procedure followed by Gehlot in this case.
The permission for sanction has to be given through a police officer under the provisions of Section 17 (A) of the Prevention of Corruption Act, he said.
Referring to former chief minister, BS Yediyurappa’s case, AG Shetty stated, “In the de-notification for which the prosecution was sanctioned by then Governor, the decision was taken by Yediyurappa himself.”
“The Governor should have to see if there is an act of crime in the decisions made by the CM. If these complaints are entertained, every day, there will be many cases lodged. The CM’s decision or recommendation should reflect an element of crime,” he submitted.
Lakshmi Iyengar, appearing for petitioner Snehamayi Krishna, argued that there was evidence against CM Siddaramaiah’s role in the MUDA case.
“CM Siddaramaiah’s wife does not have any source of income. The property of the wife in this case has to be considered belonging to the husband,” she maintained.
Abhishek Manu Singhvi, the senior counsel for CM Siddaramaiah will make the second round of submissions on September 12.
The CM is represented by senior counsel Abhishek Manu Singhvi and the Governor’s office is represented by the Solicitor General of India, Tushar Mehta. The case is reaching its final stage, and an order is likely to be pronounced by the weekend.
The Karnataka government has suspended former MUDA Commissioner, GT Dinesh Kumar in connection with the charges against him during his tenure at the civic agency.
Dinesh Kumar has been placed under suspension with immediate effect, pending an enquiry. He has also been instructed not to leave the headquarters without permission.
Singhvi has argued that the Governor did not follow the principles of natural justice while granting permission for a probe against CM Siddaramaiah. He also stated that the Governor did not consider the advice given by the Cabinet in this matter.
Defending the Governor, Tushar Mehta submitted that the decision was made lawfully and that all due process was followed.
–IANS
mka/rad
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by TodayIndia.news and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of TodayIndia.news We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, TodayIndia.news takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
For any legal details or query please visit original source link given with news or click on Go to Source.
Our translation service aims to offer the most accurate translation possible and we rarely experience any issues with news post. However, as the translation is carried out by third part tool there is a possibility for error to cause the occasional inaccuracy. We therefore require you to accept this disclaimer before confirming any translation news with us.
If you are not willing to accept this disclaimer then we recommend reading news post in its original language.
