Grant sanction for prosecution against Kumaraswamy, says Cong memorandum to K’taka Guv

The Karnataka Congress on Saturday submitted a memorandum to Governor Thaawar Chand Gehlot demanding sanction for prosecution against Union Minister for Heavy Industries and Steel, HD Kumaraswamy, former BJP ministers Janardhana Reddy, Shashikala Jolle, Murugesh Nirani and others. 

The Congress party presented the memorandum to the Governor after staging a ‘Raj Bhavan Chalo’ protest march led by Deputy CM and state Congress President, DK Shivakumar.

The protest was staged condemning the Governor's move to sanction prosecution against CM Siddaramaiah and slamming him for not consenting for a probe against BJP and JD(S) leaders.

The five-page memorandum also demanded an end to the abuse of the office of Governor and to stop acting on political considerations.

The memorandum stated, “Citizens of Karnataka are appalled by your conduct, which is most unbecoming of the high office of governor. We not only expect highest standards in conduct, but also total impartiality and level of integrity at par with the highest constitutional office of the Governor.”

“We note with deep dismay that you recently granted prior approval/prosecution sanction against our Honourable Chief Minister Siddaramaiah, based on petitions submitted by individuals with dubious backgrounds and without any formal request from an investigation agency.

“This action, lacking proper procedural adherence and seemingly driven by political motivations, contrasts sharply with your inaction in other cases involving serious allegations of corruption and misconduct,” the Congress maintained.

“The Special Investigation Team (SIT), Lokayukta has on multiple occasions, submitted proposals seeking sanction under Section 19 of the Prevention of Corruption Act, 1988 and 218 BNSS (197 Cr.P.C), to enable the jurisdictional court to take cognisance of the offences as disclosed in the charge sheet prepared by the SIT against Union Minister HD Kumaraswamy and others for his involvement in the illegal approval of 550-acre mining lease to Sri Sai Venkateshwara Minerals (SSVM) in 2007,” it charged.

“Despite the Lokayukta SIT, providing substantial evidence of commission of offences both under the Prevention of Corruption Act, 1988 as well as IPC, your office is yet to grant the necessary sanction for prosecution. The Lokayukta SIT has provided all the necessary evidence and yet the sanction for prosecution has been inexplicably withheld. This delay raises serious questions about the impartiality of your office,” the Congress’ memorandum slammed.

“We, the undersigned comprising members of the Legislative Assembly, Members of Parliament, Ministers, members of the Legislative Council as well as conscious citizens of the state of Karnataka, approach you with a demand as stated above with a deep sense of concern. That your esteemed office is functioning with bias and on apparent political consideration while exercising your constitutional functions is a matter that has not gone unnoticed. We are anxious and worried that, with each passing day, your actions are undermining the constitutional parliamentary form of governance. Amidst this, the sanctity of the office of the Governor is in grave danger,” it stated.

“We are deeply troubled that you proceeded to act in undue haste based on frivolous petitions while granting sanction/prior approval in the case of CM Siddaramaiah, whereas, you proceeded to keep in cold storage, the request for sanction under Section 19 of the Prevention of Corruption Act and 218 BNSS, (197 CRPC), made in the case of HD Kumaraswamy, by none less than the Special Investigation Team, of the Lokayukta police, on completion of investigation, along with the final report (charge sheet),” the Congress leaders stated.

“In another case, pertaining to disproportionate assets to the known source of income against former minister, Janardhan Reddy, you have adopted a similar stand of delaying the proceedings even though the request is made by the Lokayukta police, seeking sanction under Section 19 of the Prevention of Corruption Act and 218 BNSS (197 Cr.P.C), again, after thorough investigation and on the basis of the final report/charge sheet.

“In two other cases, the request of the Lokayukta police seeking prior approval under Section 17A of the Prevention of Corruption Act, as against former ministers Shashikala Jolle and Murugesh Nirani has met the same fate of being put into the cold storage,” the memorandum stated.

“It is rather strange that a constitutional office which must conduct itself with the highest level of integrity has by its discriminatory approach, stood exposed to charges of bias, partisanism and being party to political conspiracy and manipulation. Your actions are not only unconstitutional and illegal, but reek of factual and legal Malafides.

“The state of Karnataka has witnessed great personalities occupying the seat of the Honourable Governor. Raj Bhavan has never witnessed political activity of this kind. We are seeing today as you occupy the office of governor, a lawfully elected government is put into constant stress and is in conflict with your interference in the executive actions taken by them, as well as in the manner you are dealing with legislations passed by the Karnataka legislature,” the memorandum stated.

“Immediately act on the application/request for grant of sanction for prosecution of Union Minister HD Kumaraswamy, under Section 19, Prevention of Corruption Act and 218 BNSS (197 Cr.P.C) made by the SIT, Lokayukta, after a thorough investigation and based on the final report/charge sheet disclosing commission of various offences both under the provisions of the Prevention of Corruption Act as well as the IPC and grant the sanction to enable the jurisdictional court to take cognisance for commission of the alleged offences,” the Congress’ memorandum stated.