The Congress government in Karnataka on Thursday appealled to Governor Thaawarchand Gehlot to withdraw the showcause notice issued to Chief Minister Siddaramaiah in connection with the Mysuru Urban Development Authority (MUDA) scam matter.
The government also urged the Governor to reject the petition by social activist T.J. Abraham.
Addressing a press conference at the Vidhana Soudha, Deputy Chief Minister D.K. Shivakumar said: "The council of ministers strongly urge the honourable Governor to withdraw notice issued to CM Siddaramaiah and also to reject the said petition by T.J. Abraham. We make this appeal with all humility and humbleness. I want to bring it to the notice of the people of the state that this is murder of democracy and the Constitution."
The Cabinet meeting held on Thursday elaborately discussed the showcause notice issued to Siddaramaiah.
"On July 26, social activist T.J. Abraham had issued the letter (of complaint) and the Chief Secretary had given a detailed response. Within minutes of receiving the complaint, the showcause notice was issued by the Governor," Shivakumar said.
Shivakumar further elaborated that the showcause notice by the Governor to CM reads: "I have received notice by T.J. Abraham. The petitioner submitted allegations against you and your family members for violations of sections of Bharatiya Nyay Sanhita and Prevention of Corruption Act. On perusal of the request, allegations seem to be serious and are in prima facie nature. A complaint has already been lodged with the Lokayukta in this regard under Sections 117, 17A, 19 of the Prevention of Corruption Act.
"Therefore, I direct you to submit a response in seven days on why prosecution should not be granted against you?"
The Deputy CM wondered: "Why is this haste? What's the background? Isn't there any democracy? The allegations need to be proved in findings and commissions must approve of them. There is no investigation and the judicial committee is probing the matter. What is the urgency? There are no inquiries against the CM. How can the Governor go through and read more than 200 pages of documents within minutes and send notice?"
He said that a 'false' case was made against Siddaramaiah in the MUDA scam "to ensure his downfall".
"This government has the blessings of the people and the matter is widely discussed. The entire sequence of events and the admitted facts and circumstances based on the available records lead to an unequivocal conclusion that there is gross misuse of the Constitutional Office of the Governor and a concerted effort is being made to destabilise a lawfully elected majority government in Karnataka for political considerations," Shivakumar said while detailing the decisions taken during the Cabinet meeting.
"The Governor ought to have, under the present set of facts and circumstances, acted only on the aid and advice of the council of ministers and not at his discretion. The honourable Governor, while proceeding to issue the showcause notice has failed to apply his mind to the facts of the case and did not consider the material available on record. The governor ought to have taken into consideration the reply submitted by the chief secretary dated July 26, received by him at around 6.30 p.m. on the same day.
"The Governor has failed to take note of the fact that the application for sanction suffers from serious legal infirmities. The Governor failed to take note of the fact that the application for sanction was also premature.
"The Governor failed to take note of the fact that the entire allegations made by the applicant does not reveal any offence punishable under the provisions of the Prevention of Corruption Act, 1988 or the BNSS 2023. The Governor failed to take note of the fact that T.J. Abraham comes with criminal antecedents having criminal cases of blackmail and extortion registered against him. His acts are motivated and lacks bonafides and suffers from factual and legal malafides," Shivakumar further detailed.
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