From Our Special Correspondent
Daijiworld Media Network
Bengaluru, Aug 22: Backed by the complete trust and confidence reposed in the leadership of Chief Minister Siddaramaiah, the State Cabinet meeting chaired by him on Thursday, August 22, has recommended to state governor Thaawar Chand Gehlot to give his early approval for the pending legal action against former JDS chief minister H D Kumaraswamy and three former BJP ministers Murugesh Nirani, Shashikala Jolle and Gali Janardhana Reddy.
Briefing media persons after the decisions of the State Cabinet, Law and Parliamentary Affairs Minister H K Patil said the recommendation was formally submitted to the Governor under Article 163 which provides for aiding and assisting the Governor by giving its advice, which is binding on Gehlot.
Under the Constitutional Provision as per Article 163, the State Cabinet is empowered to give its advice to the Governor and accordingly the Governor has been asked Raj Bhavan to give approval for further legal action in the four cases against corrupt practices and other irregularities.
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The Cabinet recommendation to the Governor is seen as a strategy to force his hands to grant his approval since the approvals for permission sought by the State Lokayukta after preliminary inquiry have been pending in Raj Bhavan since Gehlot had given his approval to complaints from private individuals seeking prosecution against the Chief Minister in the MUDA site allotment case.
Patil said the complaints seeking permission from the Governor for prosecution against former JDS Chief Minister Kumaraswamy, who is presently Union Cabinet Minister for Heavy Industries and Steel, as well as against BJP leaders Gali Janardhana Reddy, Murugesh Nirani and Shashikala Jolle, who had served as Cabinet Ministers under BJP rule, under Prevention of Corruption Act 1988.
In some of the cases investigation has been completed and charge sheets have filed under various sections of the PC Act and some other cases are pending under Section 17A, which require Governor’s prior sanction for going ahead with prosecution.
Patil said prior sanction for prosecution against Kumaraswamy was sought by the Lokayukta police from the Governor on November 21, 2023 and the Governor had sought clarifications on July 29, 2024 on the charges framed against the JDS leader, which were duly provided by the Lokayukta Special Investigation Team on August 16, 2024.
The minister explained that Lokayukta police had sought prior sanction from the Governor on December 9, 2001 under Section 17A of PC Act against former BJP Minister Shashikala Jolle while the Lokayukta had sought sanction in the same case against Murugesh Nirani on February 26, 2024. In the case against former BJP minister G Janardhana Reddy, the permission was soguht on May 13, 2024.
“In the cases against Kumaraswamy and Janardhana Reddy, even charge sheets have been filed,” Patil said pointing out that Governor has not acted on any of the complaints pending against him while sanction has been accorded to complaints from private individuals despite the advice tendered by the State Cabinet.
“It is strange that the Governor served show cause notice to the Chief Minister on the same day he received the complaints from private individuals while those from Lokayukta after preliminary investigation against the four BJP-JDS leaders are kept pending inordinately,” he said.
The minister explained that the State Cabinet decided to tender its advice to allay suspicions in the minds of the people when complaints from Lokayukta in which all preliminary investigations have been completed.