Karnataka Cabinet Advises Governor on Kumaraswamy, Reddy Prosecution

Karnataka Cabinet on Thursday decided to give "aid and advice" to Governor Thaawarchand Gehlot to act on requests seeking sanction for prosecution against JD(S) leader and Union Minister HD Kumaraswamy and three former BJP Ministers including mining baron G Janardhan Reddy.

The Congress government's move comes within a week of the Governor granting sanction for prosecution of Chief Minister Siddaramaiah in the Mysuru Urban Development Authority site allotment 'scam’ on Aug. 16.

"To take decisions in the pending cases at the earliest and to smoothen the judicial process, under article 163 of the Constitution the Cabinet can give aid and advice to the Governor. Using it, the Cabinet has given its approval to give the Governor aid and advice," Law and Parliamentary Affairs Minister HK Patil said.

Briefing reporters after the Cabinet meeting, he said: "the advice will be sent to the Governor."

"Out of the four cases that are pending regarding which we have given aid and advice, in two of these cases (Janardhan Reddy and Kumaraswamy) the charge sheet has been filed," he added.

Asked whether the Governor can reject the Cabinet's aid and advice, Patil said: "According to us, he is bound by our advice; his discretion is limited. I am sure he shall use his discretion very judiciously."

The Governor on Aug. 16 accorded sanction against Siddaramaiah, under Section 17A of the Prevention of Corruption Act, 1988 and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the commission of the alleged offences as mentioned in the petitions of Pradeep Kumar SP, TJ Abraham and Snehamayi Krishna.

Patil said several petitions seeking his sanction for prosecution are pending before the Governor, including those submitted by the investigating agencies under the Prevention of Corruption Act, 1988; in some of these cases charge sheets have been filed.

"Sanctions have been sought under Section 19 of Prevention of Corruption Act and under the provisions of criminal procedure code, which is now Bharatiya Nagarik Suraksha Sanhita—  section 197 and 218, also some applications are under section 17 A of the Prevention of Corruption Act," he said.

The Minister said, out of these petitions, special are against—  (former BJP Minister) Shashikala Jolle against whom application was submitted on Dec. 9, 2021 by the Lokayukta police seeking prior approval under section 17A of the PC Act, and (former BJP Minister) Murugesh Nirani against whom application was submitted on Feb. 26 for prior approval under section 17A of the PC Act.

The third is that of Kumaraswamy, against whom application was submitted on Nov. 21, 2023, according to which approval for sanction was sought under section 19 of the PC Act and provisions of BNSS, he said, adding, the Special Investigation Team had filed a charge sheet, and the Governor had sought a clarification on the case on July 29 and the SIT had provided required clarification on Aug. 16.

The fourth pertains to Reddy, against whom an application was submitted on May 13, 2024 seeking sanction under section 19 of the PC Act and provisions of BNSS, and a charge sheet has also been submitted in this case, Patil added.

Noting that the queries sought by the Governor have been responded to by the probe agencies in these cases, but still no action has been taken, the Minister said in the eyes of the public the office of the Governor should not appear to be committing wrong. "So we felt that giving this aid and advice is appropriate."

Questioned on the timing of the Cabinet's move and whether it was part of "vendetta politics", he said, "The demand from the media and public organisations is that -- let action be taken against all those who are facing charges....don't you think we should respond to the situation?"

Asked about the Cabinet's stand regarding the prosecution sanction against Siddaramaiah, Patil said the Governor has already "concluded in that case and has taken a decision, against which we have already moved to the court of law. So, I don't want to touch that."

He also said that in Siddaramaiah's case, a private person had filed a complaint, while in these four cases investigations have been done, and in two cases charge sheets have been filed.