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Governor’s Sanction for Prosecution of Karnataka CM Siddaramaiah Unconstitutional, Says Legal Advisor A.S. Ponnanna


The controversy erupted when Karnataka Governor Thaawarchand Gehlot granted sanction for the prosecution of Siddaramaiah. FILE PHOTO

Bengaluru: The Governor’s decision to grant sanction for the prosecution of Karnataka Chief Minister Siddaramaiah, in connection with alleged irregularities in the allotment of sites by the Mysuru Urban Development Authority (MUDA), was described as unconstitutional and illegal by the Chief Minister's Legal Advisor and Virajpet MLA, A.S. Ponnanna on Saturday, August 17.


Ponnanna, in a strongly worded statement, emphasized that the Governor’s decision was not just an attack on the Chief Minister, but an attack on the very fabric of the Indian Constitution. “We will engage in both political and legal battles against the sanction for prosecution decision by the Governor. This attack on an elected government is akin to attacking the Constitution of this country. We are already in the process of legally challenging this decision and are consulting with senior lawyers to determine whether to approach the High Court or the Supreme Court,” Ponnanna said.


He further underscored the gravity of the situation by suggesting that the matter should be escalated to the President of India. Ponnanna argued that the President should intervene, as the Governor’s actions appear to be influenced by the central government and Bharatiya Janata Party (BJP), thereby misusing constitutional provisions. “The Governor is working as per the instructions of the central government and a political party. This only shows how the Constitution is being misused. It is the responsibility of all, including the President, to protect the Constitution,” Ponnanna opined.


The controversy erupted when Karnataka Governor Thaawarchand Gehlot granted sanction for the prosecution of Siddaramaiah. The sanction pertains to alleged irregularities in the allotment of sites by MUDA, a matter that has been under scrutiny for some time. The Governor’s decision was communicated through a six-page letter to the Chief Secretary of Karnataka, Shalini Rajneesh, by the Governor’s Secretariat. The letter stated that the sanction was given based on petitions submitted by three social activists: Pradeep Kumar S.P. and T.J. Abraham from Bengaluru, and Snehamayi Krishna from Mysuru.


The Governor’s Special Secretary, R. Prabhushankar, signed the letter, which cited legal precedents to justify the decision. The letter referenced the Madhya Pradesh Police Establishment and the State of Madhya Pradesh case of 2004 and a ruling by a five-judge bench of the Supreme Court, stating: “I am satisfied that sanction can be accorded against Chief Minister Siddaramaiah on the allegations.”


This decision has sparked a fierce political backlash. Ministers and Congress leaders in Karnataka have accused the Governor of acting under the influence of the BJP leadership, alleging that the BJP is attempting to destabilize the Congress-led government in the state by misusing the Raj Bhavan. 


On the other hand, the opposition BJP and Janata Dal (Secular) (JD(S)) have welcomed the Governor’s decision and reiterated their demand for Siddaramaiah to step down as Chief Minister.


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