Tuesday, October 29, 2024

Karnataka Governor refuses RTI disclosure on action against politicians

South First: Bengaluru: Tuesday, 29 October 2024.
This refusal has raised concerns about the Governor's impartiality and prompted questions regarding selective actions against corrupt politicians identified by the Lok Ayukta, with critics alleging bias against the Congress government
Advocate S Umesh’s request for information under the Right to Information (RTI) Act regarding sanctions against former and current Chief Ministers and Ministers has been denied by the Governor of Karnataka.
Governor Thaawarchand Gehlot cited exemptions under the RTI Act, stating that disclosure could impede ongoing investigations or prosecutions.
This refusal raises concerns about the Governor’s impartiality and selective action against corrupt politicians indicted by the Lokayukta. Congress in Karnataka has been accusing the Governor of taking a partisan stance, undermining the constitutional expectation of rising above party considerations.
Previous allegations of bias
Critics allege that the Governor’s actions reflect bias against the Congress government. In September, Industries Minister MB Patil expressed frustration, stating, “The governor is functioning as if Karnataka does not require police stations, Lokayukta, or any investigation agency, as all can approach him. We are seriously considering approaching the President.”
The government highlighted the Governor’s approval to prosecute Chief Minister Siddaramaiah in the Mysuru Urban Development Authority (MUDA) case, while no action had been taken against leaders from the JDS and BJP, including Union Minister HD Kumaraswamy and Shashikala Jolle.
Governor Thaawarchand Gehlot had returned prosecution sanction requests involving two National Democratic Alliance (NDA) leaders, H. D. Kumaraswamy and G. Janardhana Reddy, seeking English translations of all relevant documents, according to a report by the Hindu. The files were sent back on 28 August.
In addition, the Governor had requested clarification regarding a preliminary inquiry into former Minister Murugesh Nirani of the BJP, which the Lokayukta police reportedly provided. However, a request for a preliminary inquiry against former BJP Minister, Shashikala Jolle, was rejected.
The Raj Bhavan returned the prosecution requests for both Kumaraswamy, concerning alleged violations in a mining lease case, and Reddy, related to a disproportionate assets (DA) case. The Governor requested translations for the extensive chargesheets, which reportedly comprise several thousand pages. Sources had indicated that translating these documents would take some time.
The Special Investigation Team (SIT), investigating illegal mining cases, submitted its request to charge Kumaraswamy in November 2023. Following a clarification from the SIT on 8 August, 2024, the Raj Bhavan asked for an English translation before returning the file on 28 August.
Similarly, the Lokayukta police’s request to charge Reddy in a DA case was submitted on 31 May, 2024. After the Raj Bhavan sought clarifications in June, the file was also returned on 28 August with a request for translation.
Notably, T.J. Abraham, a complainant against Chief Minister Siddaramaiah in the MUDA ‘scam,’ revealed through an RTI response from the Raj Bhavan that no other prosecution files against political leaders were pending as of 30 August.
Protest against the governor
On 31 August, the Congress party had organised a “Raj Bhavan Chalo” rally in Bengaluru, protesting what they termed the misuse of the Governor’s office.
The rally was prompted by the Governor’s sanction to prosecute Siddaramaiah for alleged irregularities in the allocation of 14 sites to his wife by MUDA. Deputy Chief Minister DK Shivakumar led the march from the Mahatma Gandhi statue outside Vidhana Soudha, joined by ministers, MPs, and Congress functionaries, while Siddaramaiah participated in a dharna at the statue instead.
Shivakumar clarified to reporters that the protest was not on behalf of the Chief Minister, as the matter is under judicial review. “We are marching to Raj Bhavan to demand the protection of the sanctity of this constitutional post,” he had stated, emphasising the need for non-partisan governance.
(Edited by Ananya Rao)