The Karnataka High Court has dismissed Chief Minister Siddaramaiah‘s petition challenging Governor Thawar Chand Gehlot‘s decision to sanction prosecution of the Congress leader in the alleged MUDA land scam case. A bench of Justice M Nagaprasanna said the Governor “did apply his mind in abundance” and could, therefore, take an “independent decision” on calling for the prosecution.

“The order (by the Governor) does not suffer from non-application of mind… There is no fault in the Governor’s actions. The facts narrated need investigation. The petition stands dismissed.”

The court also dismissed a plea by senior advocate Abhishek Singhvi, appearing for the Chief Minister, to stay its order for two weeks. The judge said he could not stay his own order.

Mr Siddaramaiah had argued the order sanctioning his prosecution is illegal since the Governor could not make such a recommendation without the state Cabinet’s approval. Appearing for the Chief Minister, senior advocate Abhishek Singhvi had argued the Governor “hasn’t applied his mind”.

As such, Mr Singhvi argued, the sanction to prosecute is “fully reviewable”.

“You are negating the mandate of the people… With no inputs taken from me (referring to the state government) by the Governor… this order is judicially reviewable,” he told the High Court.

The court, though, suggested the Governor’s sanction could be viewed as an “independent decision”, and that Mr Gehlot, in such a case, “need not fall back on ministers’ advice”.

The Governor’s decision to greenlight prosecution of Chief Minister Siddaramaiah triggered a furious political spat in the southern state, with the Congress veteran accusing Mr Gehlot of acting as a representative of the Bharatiya Janata Party-led central government rather than the President.

Governor Gehlot’s clearance to prosecute the Chief Minister came on August 17.

Governor’s ‘Prosecute’ Nod Is “Illegal”

Siddaramaiah, who has also urged the Governor to not “pick and choose” in permitting prosecution, had earlier argued Mr Gehlot’s decision is “in violation of the principles of natural justice”.

In his strongly-worded petition he further warned the court that “in the absence of interim relief… there is a grave and imminent risk of irreparable harm (to his) reputation”.

READ | “Illegal…”: Siddaramaiah Slams Governor’s ‘Prosecute’ Nod

Allowing the Governor’s sanction to stand would also lead to “severe prejudice… disrupt governance and potentially result in political destabilisation”, the Chief Minister argued.

“Such harm, if inflicted, cannot be adequately remedied at a later stage.”

“Never Misused Power…”

Last month the Chief Minister told reporters he had not done anything illegal in a political career spanning four decades, and expressed confidence the judiciary would come to his aid.

READ | “In 40 Years Did Nothing Wrong”: Under-Fire Siddaramaiah

The senior Congress leader declared he had been a Chief Minister and a Minister over the course of his career and had “never misused power for personal gains”.

MUDA Land Scam Case Explained

The alleged MUDA scam focuses on the value of land allotted to the Chief Minister’s wife, Parvathi, in an upmarket area of Mysuru as compensation for land elsewhere taken for infra development.

Critics allege the value of land allotted grossly – by Rs 4,000 to Rs 5,000 crore – exceeds that taken.

NDTV Explains | MUDA Case In Which Siddaramaiah Will Be Prosecuted

Specifically, in a complaint filed by an activist, TJ Abraham, that named the Chief Minister, his wife and son, and senior MUDA officials, it was alleged that allotment of 14 alternative sites in a Mysuru neighbourhood was illegal and caused a loss of Rs 45 crore.

READ | 3.16 Acres Bought For Rs 1 In 1935: Siddaramaiah On Mysuru Land Scam

Siddaramaiah had claimed the land was gifted by his wife’s brother in 1998. However, another activist Snehmayi Krishna alleged the brother had procured it illegally and registered it using forged documents with help from government officials. The land was shown to have been bought in 1998.

Siddaramaiah’s wife sought compensation in 2014 when he held the top post.

Tamil Nadu Governor RN Ravi’s remark that secularism is an “European concept” has landed him in a controversy, with opposition leaders questioning how such a person has been appointed in such a constitutional post. Mr Ravi, who has had run-ins with the MK Stalin-led state government over his remarks on Mahatma Gandhi and withholding bills passed by the assembly, came under fire after he said the concept of secularism came from the West and has no place in India.

“A lot of frauds have been committed on people of this country, and one of them is that they have tried to give a wrong interpretation of secularism. What does secularism mean? Secularism is a European concept, and it is not an Indian concept,” Mr Ravi said at a public event in Tamil Nadu’s Kanniyakumari.

In Europe, he continued, secularism arrived as a result of a fight between the church and the king. “How can India be away from dharma? Secularism is a European concept and let it be there only. In India, there is no need for secularism,” he said.

The term “secular” was added to the preamble of the Indian Constitution through the 42nd amendment in 1976.

The opposition slammed the Governor remarks and said he might say in the future that Constitution itself is a “foreign concept”.

CPI(M) leader Brinda Karat asserted secularism, or separation of religion from politics, is very much part of the Indian Constitution.

“This governor has taken oath in the name of Constitution I presume. Tomorrow, he will say the Constitution of India itself is a foreign concept. This is what the RSS understanding is. It is a shame that such a person has been appointed as governor of such an important state like Tamil Nadu,” she told ANI.

Read | “Secularism European Concept, Don’t Need It In India”: Tamil Nadu Governor

CPI leader D Raja strongly deplored the Governor’s remarks and said even BR Ambedkar – the architect of the Indian constitution – had rejected a “theocratic concept.”

“What does he know about secularism? What does he know about India? He is a governor. He must abide by the Constitution. The Constitution of India defines India as secular democratic republic. Dr BR Ambedkar emphatically rejected theocratic concept. Secularism means keeping religion and politics separate. Don’t bring Gods for electoral purposes,” Mr Raja said.

Congress leader P Chidambaram questioned if the same logic should be applied to federalism, one person one vote, and democracy – all of which originated in Europe.

Having draped Tiruvalluvar with a saffron robe, the Governor of Tamil Nadu has now discovered that secularism was an European concept and it has no place in India

He is not correct, but assume he is right. Federalism was also an European concept. Shall we declare that…

— P. Chidambaram (@PChidambaram_IN) September 23, 2024

“Having draped Tiruvalluvar with a saffron robe, the Governor of Tamil Nadu has now discovered that secularism was a European concept and it has no place in India. He is not correct, but assume he is right. Federalism was also a European concept. Shall we declare that Federalism has no place in India?” he said in an online post.

Mr Ravi had earlier courted controversy over the depiction of Tamil poet-saint Thiruvalluvar in saffron robes in an invitation card for an official event.

“One person, one vote was also an European concept. Shall we declare that some people will have no right to vote? Democracy was also a European concept not known to India that was ruled by maharajahs and rajas. Shall we declare that democracy will be jettisoned in this country? Constitutional functionaries, especially those who hold titular positions, should take a vow of silence,” he added.

The DMK, which is in power in Tamil Nadu, has also criticised Mr Ravi’s remarks and said the Governor must read the Constitution.

“Secularism is the most needed concept in India, not in Europe. Particularly the Governor, he had not gone through the Constitution of India. Article 25 says that there should be a conscious freedom of religion that he doesn’t know. He should go and read the constitution fully,” DMK spokesperson TKS Elangovan said.