Karnataka Cabinet 'aids' Governor in H D Kumaraswamy, BJP netas' prosecution

Bengaluru: The Cabinet headed by Chief Minister Siddaramaiah on Thursday gave its “aid and advice” to Governor Thaawarchand Gehlot that he should act on pending prosecution sanction requests against Union Minister H D Kumaraswamy and three former BJP ministers Murugesh Nirani, Shashikala Jolle and G Janardhan Reddy, who are facing corruption charges. 

The Cabinet decision came close on the heels of Gehlot sanctioning Siddaramaiah’s investigation and prosecution in connection with an
alleged site allotment scam at MUDA. 

Addressing a press conference after the Cabinet meeting, Law and Parliamentary Affairs Minister H K Patil said that in order to take decisions on the pending cases at the earliest and to ease the judicial process under Article 163 of the Constitution, the Cabinet can give aid and advice to the Governor. 

“There are several cases pending before the Governor but the Cabinet has advised him on matters pertaining to four cases related to Kumaraswamy and the former BJP ministers. Of these four cases, chargesheets with regard to Kumaraswamy, Jolle and Reddy have already been filed,” he said. 

Answering a question, Patil said the Governor is bound by the advice of the Cabinet and his discretion on the matter is limited.

“I am sure he shall use his discretion very judiciously,” he noted.

Denying that the Cabinet was “vendetta politics”, Patil 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?”

He emphasisied that it was therefore the constitutional duty of the Cabinet to aid and advise the Governor on these matters. “The objective is to ensure timely decisions on these pending matters, facilitating the process of justice. Given the significance of these cases and the necessity for timely action, it is imperative that the Cabinet fulfil this role,” the minister explained. 

A Cabinet note accessed by DH revealed that the Cabinet has taken suo motu cognisance of several sanction applications made by investigating agencies under the Prevention of Corruption Act, 1988 that are pending before the Governor.

These applications include requests made after investigations, accompanied by chargesheets seeking sanction under Section 19 of the Prevention of Corruption (PC) Act and Section 197 of the Criminal Procedure Code (Current provisions as per BNSS). Additionally, some applications seek prior approval under Section 17A of the PC Act.

Details of four specific cases

1. Shashikala Jolle

Date of Request: 09.12.2021

Request Type: Prior approval under Section 17A of the PC Act by the Lokayukta police.

2. Murgesh Nirani

Date of Request: 26.02.2024 

Request Type: Prior approval under Section 17A of the PC Act.

3. H D Kumaraswamy

Date of Request: 21.11.2023

Request Type: Sanction under Section 19 of the PC Act and Section 197 of the Cr.P.C, (Current provisions as per BNSS) along with charge sheet submitted by the SIT constituted for Mining matters.

The Governor sought clarification on 29.07.2024, which was submitted to the SIT on 08.08.2024. The SIT replied to the Governor with the required clarification on 16.08.2024.

4. G Janardhan Reddy

Date of Request: 13.05.2024

Request Type: Sanction under Section 19 of the PC Act and Section 197 of the Cr.P.C, (Current provisions as per BNSS) along with chargesheet.