Sunday, December 29th, 2024

The Governor's action is unconstitutional… Is Sibal pointing fingers at the BJP and saying that the Karnataka High Court is wrong?


New Delhi: The Karnataka High Court has declared the Governor's approval for the investigation of the alleged Mysore Urban Development Authority (MUDA) land allotment scam as constitutional. However, senior Supreme Court lawyer Kapil Sibal is still calling the Governor's order unconstitutional. Sibal said in a post on social media that the BJP is also getting unconstitutional work done by the Governor by adopting various tactics to topple the Congress government of Karnataka. The Karnataka High Court has upheld the approval of Governor Thawarchand Gehlot for the investigation against Chief Minister Siddaramaiah regarding the alleged MUDA scam. The bench headed by Justice M. Nagaprasanna has described the Governor's move as constitutional and a decision tested on the touchstone of logic. Not only this, the High Court even said that the Governor's decision is a necessary step to investigate claims of undue influence and abuse of power.

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The court said that the decision of the Governor was correct

The Karnataka High Court in its 200-page judgment outlined the serious allegations against Siddaramaiah and said that had the accused been a common citizen, he would have had no hesitation in facing the probe. The court has set a precedent for political leaders by stressing the need for investigation, and asserted that they are not above the law. This development is particularly relevant in a political scenario where corruption allegations are rampant and the public demands accountability from elected officials. The court also expressed apprehension that the Siddaramaiah Cabinet took partisan decisions to extend undue advantage to the chief minister's wife. It said that in view of this suspicion, the independent discretion of the governor is fully justified.

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Sibal's question despite the High Court's decision

But, despite the court's verdict and its observations, Rajya Sabha MP Kapil Sibal continues to call the governor's action unconstitutional and flawed. He accused the party of adopting devious methods to destabilise elected governments. “Now Karnataka. BJP's devious tactics to destabilise and topple elected governments: luring MLAs, misusing 10th Schedule, creating fear (of ED, CBI) and making governors do things beyond their constitutional responsibilities. Then say the Constitution matters more to the BJP than the Gita!” he wrote in the post.

Called Bommai government corrupt, now Congress itself in trouble

Keep in mind that in the last assembly elections, the Congress had accused the then Basavaraj Bommai government of the state of corruption. Then the Congress had campaigned against the BJP by giving the slogan '40% ki Sarkar' by accusing it of taking 40% commission in contracts. Now when the Congress is in power in Karnataka, such a serious allegation of corruption has been leveled against its Chief Minister.

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