'Daylight Murder of Democracy, Justice,' says Yeddy
From Our Special Correspondent
Daijiworld Media Network - Bangalore
Bangalore, Jan 21: Ending the uncertainty, Karnataka Governor H R Bhardwaj on Friday gave his sanction for prosecution of Chief Minister B S Yeddyurappa in the land scams and other charges of corruption.
The Governor announced his decision of according sanction to the two city-based lawyers Sriranjan Bhasha and K N Balraj on their petition to initiate prosecution of the chief minister hours after rejecting the decision of the state cabinet not to concede the demand.
Bhardwaj said the lawyers can initiate the prosecution in an appropriate court of law under various charges of grave allegations of corruption and criminal misconduct under Section 19(1) of the Prevention of Corruption Act, 1988 and Section 197 of the Criminal Procedure Code, 1973.
Meanwhile, Yeddyurappa, has in an official statement has termed the Governor’s decision to accord sanction for his prosecution ''even before any preliminary or giving any opportunity” on a complaint by private individuals as ''most unfortunate and highly politically motivated.”
The ruling BJP has retaliated at the Governor’s decision by giving a call for observing a state-wide bundh. Police have made elaborate security arrangements while many examinations scheduled to be held on Saturday have been postponed.
Schools and colleges in Bangalore will be closed on Saturday in view of the bundh. Many districts are also likely to follow suit in view of the spontaneous protests reported in Bangalore and other districts.
''This is nothing but broad day-light murder of democracy and justice,” the chief minister said accusing the Governor of misusing his office to carry out his political agenda.
''From the beginning he has been behaving in a biased manner as an agent of Congress and JD(S),” he said pointing out that ''what the Opposition parties could not achieve directly through the mandate of the people has been achieved through the office of the Governor and Raj Bhavan.”
''The Governor, being a constitutional head of the State, has acted in an arbitrary and partisan manner giving a go-by to the principles of natural justice,” Yeddyurappa said attacking the Governor for not seeking ''any opinion from the council of ministers or the government on the complaint petition.
''I leave it to the people to decide what is right and what is wrong. The people of Karnataka will see through the evil designs of those who are upset with the progress and development achieved by me in the last two and half years,” he said.
Asserting that there was no instance in judicial history or any arbitrary decision like this without recourse to an enquiry, the chief minister declared: ''I have full faith in the judicial system of this country and I will come out clean.”
It may recalled that the Governor had sent a strongly worded letter to the chief minister in response to the communication not to accord his consent for the petition by the two advocates for launching criminal prosecution against him, stated that the ''sum and substance of the cabinet decision is, it simply requires me to put a lit on the serious allegations of corruption against you.”
''The Governor is entitled to and required to take an independent decision on the basis of the material available and therefore the cabinet decision recommending to drop the consideration of the petitions is itself unwarranted,” Bhardwaj informed the chief minister ahead of taking the decision to accord the sanction.
Bhardwaj had, in his letter to Yeddyurappa, quoted a Supreme Court ruling and held that ''democracy would be at stake if sanction to prosecute higher functionaries is refused despite a prima-facie is clearly made out.”
''It would then lead to a situation where people in power may break the law with impunity, safe in the knowledge that they will not be prosecuted as the requiste sanction will not be granted,” the Governor had written to the Chief Minister.
Yeddyurapa, on the other hand, had earlier in the day, demanded an apology from Bhardwaj for making his disparaging remarks on the cabinet resolution against granting sanction for prosecution as ''ulta chor kotwal ko dante” (the thief admonishing the law enforcer) and said it amounted to calling a duly-elected chief minister representing over 6 crore people as a ''thief” and it was an insult to the state and its people.
Though the opposition Congress and JD(S) can be expected to launch an agitation to demand the resignation of the Chief Minister following the Governor’s permission to launch criminal prosecution against him, the Yeddyurappa regime and the ruling BJP is planning to launch a counter agitation demanding the immediate recall of Bhardwaj. A delegation of all BJP MPs from the state and Central leaders are expected to meet President Pratibha Patil in Delhi on January 24 seeking the Governor’s recall.
Yeddy Attacks Governor for Not Giving Copy of Sanction Order
Within hours of the Karnataka Governor H R Bhardwaj according sanction for prosecuting the Chief Minister B S Yeddyurappa on alleged corruption charges and land scams, the latter has shot off an angry letter attacking Bhardwaj for not giving copy of the sanction order.
''After learning from media reports that you have accorded sanction for prosecuting me on the basis of petitions filed by two advocates, I had immediately deputed one of our senior officers from the CM’s
secretariat to Raj Bhavan to collect a copy of the said oder,” Yeddyurappa said in his letter to Governor.
But, the chief minister, lamented that the officers deputed from the Chief Minister’s office met both the Governor’s Principal Secretary and the Governor requesting a copy of the order. However, the request was denied by the Governor himself, Yeddyurappa said.
''It is very unfortunate that being a constitutional head of the state, a copy of the order was not handed over to me and the information of such order was divulged to the press,” Yeddyurappa said in his letter.
''In this connection, I would like to bring it to your notice that so far I have neither received a copy of the complaint nor an opportunity to explain my point of view,” the chief minister said adding: ''I hereby once again request you to provide the copy of the said sanction order immediately.”
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