India?s main Opposition Bharatiya Janata Party (BJP) on Saturday slammed Karnataka Governor H.R. Bhardwaj for okaying prosecution of Chief Minister B S Yeddyurappa in alleged land scam and said the action is inspired by rival Congress party.
?The Governor of Karnataka, Shri H.R. Bhardwaj, has granted a sanction to prosecute the Chief Minister in an alleged case of corruption. The sanction has been granted on an application by two lawyers.
It is now being perceived that the two lawyers can file a criminal complaint against the Chief Minister and it is for the Judge trying the cases to get the same investigated or to take cognizance of the offences, said Arun Jaitley, Leader of Opposition (Rajya Sabha).
He said, ordinarily, sanction is required under Section 197 of the Code of Criminal Procedure and Section 19 of the Prevention of Corruption Act, only at the stage of taking cognizance of the offence and not at the stage of filing of a complaint.
However, the Governor has chosen to precipitate the matter of granting a sanction even when the stage for taking a cognizance of the offence has not reached, only to create an adverse environment against the Chief Minister, said Jaitley.
?Besides, the action of the Governor being motivated by political and co-lateral considerations, a larger question arises whether without an investigative process or a judicial proceeding finding a Chief Minister or a Prime Minister, prima facie, guilty of an act of corruption can a Governor or the President grant a sanction to a private citizen to prosecute them??
Jaitley said noted constitutional expert H.M. Seervai seriously disagrees with this proposition and that this is all the more relevant because in a federal polity where the Governor is an exclusive appointee of the Central Government.
?The practice of appointing politicians as Governors has increased. If without an investigation or a judicial authority coming to any conclusion the Karnataka Governor has acted as an investigator and sanction prosecution against the Chief Ministers.
If this practice increases it would be very easy for the Central Government to destabilize State Governments.
The Governor has not waited for the investigative process to conclude or a judicial process to come to any finding, prima facie or otherwise.?
Jaitley also condemned Union Home Minister P.Chidambaram for saying the BJP?s move taking the party men to the streets of Karnataka against the state Governor was ” incorrect and unacceptable.”
?The statement of Justice Santosh Hegde, a retired Judge of the Supreme Court and Mr. P. Chidambaram, the Union Minister today gives an impression as though the Governor has acted in a constitutionally correct manner by taking the decision to grant sanction to prosecute the Chief Minster himself. Both have relied on a judgement of the Supreme Court in M.P. Special Police Establishment Versus State of Madhya Pradesh ? (2004) 8 SCC 788.
?What the Union Home Minister has ignored is the explicit observation of the Supreme Court that even though the Governor can act independent of the decision of the Council of Ministers and act in his own discretion, yet the issue of sanction has first to be considered by the Council of Ministers,? said the BJP leader.
Meanwhile, BJP President Nitin Gadkari too has criticized the Karnataka Governor?s action against Yeddyurappa and said it was ?politically motivated and inspired by the Congress party.?
Speaking to Indian journalists in Beijing, Gadkari criticized the Congress party for ?misusing the office of the governor to settle scores against its political opponents in the same manner in which it has been misusing the CBI (Central Bureau of Investigation)?.
Replying to questions, the BJP president, now on a goodwill visit to China, defended the Karnataka chief minister said ?if Yeddyurappa?s action in using his discretionary powers was wrong then why the governor has not recommended action against the previous chief ministers, who too have been using the same discretionary powers?.
On Friday, Bhardwaj sanctioned the prosecution of Yeddyurappa following a fresh series of spats between the two over the alleged involvement of the latter in land scams.
The Chief Minister is now likely to be prosecuted under Section 19 of the Prevention of Corruption Act.
The move comes in the wake of the Cabinet asking the Governor not to sanction Yeddyurappa?s prosecution as requested by some lawyers who want to charge the Chief Minister of corruption.
Bhardwaj had shunned the request comparing it to a ?thief admonishing a policeman?, which had spurred angry reactions from the Bharatiya Janata Party (BJP) and Yeddyurappa himself.
Yeddyurappa had said he will request the President of India to recall Bhardwaj and had sought an appointment with Prime Minister Manmohan Singh on Jan 24 regarding his demand.
For the past few months the coalition government, headed by the BJP is having tussle with Raj Bhawan after Yeddyurappa survived twice the no-confidence motion following a rebellion by over a dozen of legislators over alleged corruption charges.
While the Governor hit out at “corruption” in the government, the BJP called him an “agent of the Congress”.
The BJP had plans to stage a dharna with party legislators in front of Raj Bhavan on Jan 25 and call a statewide bandh on Jan 27 if the Governor sanctions the prosecution, while reports say following Bharadwaj?s order the strikes are likely to be held on Saturday.