Siddaramaiah Boldly Challenges Prosecution Approval in High Court: Hearing Set for September 12

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Bengaluru: The High Court has postponed the hearing on a petition filed by Chief Minister Siddaramaiah, questioning the legal approval granted to prosecute him. The case is linked to allegations that the Mysuru Urban Development Authority (MUDA) illegally allocated plots to Siddaramaiah’s family members. The hearing will now take place on September 12 at 12:00 PM.

Legal Arguments: During the hearing, Advocate General Shashikiran Shetty, representing the state government, explained that a private individual had approached the Governor, requesting an investigation into Siddaramaiah under Section 17A of the Prevention of Corruption Act. This section requires a preliminary investigation before any prosecution can proceed. However, Shetty pointed out that no such investigation had taken place and emphasized the considerable delay in the case, which dates back to a 1998 denotification.

Shetty argued that the Governor, as the competent authority, should not have accepted the complaint directly. Instead, the complaint should have been first lodged with the police, who are the proper authority to investigate and provide recommendations on whether prosecution should be permitted. He added that under the Central Government’s Standard Operating Procedures (SOPs), the Governor should have gathered information from the investigating officers before making any decision.

Court’s Question: The High Court bench, led by Justice M. Nagaprasanna, raised a crucial question: “If a preliminary investigation is necessary, is the government prepared to first register an FIR?” This question highlights the procedural complexities involved in the case and underscores the need for a clear legal approach.

Siddaramaiah’s petition is a significant legal challenge, aiming to quash the prosecution approval that could potentially lead to further legal troubles for the Chief Minister. The outcome of this hearing will be closely watched, as it may have broader implications for how corruption cases involving high-ranking officials are handled in Karnataka.

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