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“No injunction has been granted,” said Justice M Nagaprasanna, who heard a writ petition filed by the Chief Minister challenging the legality of the August 16 order of the Governor, who accorded sanction against him under Section 17A of the Prevention of Corruption Act, 1988, and Section 218 of the Bharatiya Nyaya Suraksha Sanhita, 2023.
In the petition, the Chief Minister submitted that the sanction order was issued without due application of mind, in violation of statutory mandates, and contrary to constitutional principles, including the advice of the Council of Ministers, which is binding under Article 163 of the Constitution of India.
Siddaramaiah contended that the Governor’s decision is legally unsustainable, procedurally flawed, and motivated by extraneous considerations, and thus, he has preferred the writ petition seeking to quash the impugned order amongst other reliefs.
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Abraham and Krishna have moved the special court for public representatives, and the case was slated to come up on Tuesday and Wednesday.
“Since the matter is being heard by this court and the pleadings are yet to get complete, till the next date of hearing, the concerned court shall defer its proceedings,” Justice Nagaprasanna said.
Senior advocate and Congress spokesperson Abhishek Manu Singhvi and the Solicitor General of India Tushar Mehta appeared on behalf of the Chief Minister and Governor, respectively.