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Saturday, January 22, 2011

Guv V/s CM: Karnataka Heads for a Showdown


Raising the pitch for a major showdown, Karnataka Governor H R Bhardwaj today accorded sanction to prosecute Chief Minister B S Yeddyurappa on corruption charges in a critical turn in their ongoing battle.
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The governor's sanction for prosecuting Yeddyurappa in an appropriate court of law for various "grave" allegations of corruption and criminal misconduct came on a day when both went on an intensified offensive each other.
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A Raj Bhavan communique said the sanction was accorded under Section 19 (1) of the Prevention of Corruption Act, 1988 and Section 197 of the Criminal Procedure Code, 1973.
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However, the communique did not mention about the petition filed by Lawyers Forum, which had also sought permission to prosecute Home Minister R Ashoka, alleging involvement in land denotification scam.
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Amid escalated war of words between him and the government, Bhardwaj advanced his decision by a day on the petition. The governor had said yesterday he would decide in two days.
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Yeddyurappa thus became the first chief minister in Karnataka to face prosecution over allegations of corruption and land scams in the state history.
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An unfazed Bhardwaj stood his ground brushing aside all accusations hurled at him, including of being an agent of Congress and rejected a state cabinet resolution to "drop" prosecution proceedings.
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Angered over the governor's latest outbursts, the BJP also went into a combative mode with Yeddyurappa demanding an unconditional apology from Bhardwaj for making certain remarks against his government.
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Hours before giving the prosecution sanction, Bhardwaj sent a hard hitting letter to Yeddyurappa, telling him bluntly that he cannot "put a lid" on serious allegations of corruption and dismissed as "unwarranted" the January 19 cabinet resolution.
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"The sum and substance of the Cabinet decision is it simply requires me to put a lid on the serious allegations of corruption against you (chief minister)," Bhardwaj said.
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Amid the brewing political storm, BJP announced state-wide anti-governor protests tomorrow and "Raj Bhavan chalo" on January 25, besides deciding to meet President Pratibha Patil in New Delhi on January 24 to seek the governor's recall.
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The cabinet resolution had asked the governor to drop the proceedings to prosecute Yeddyurappa and Ashoka, saying such a move was nothing short of "farce and colourable" exercise on his part.
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The governor's characterisation of the cabinet resolution as a "case of a thief admonishing a policeman" further infuriated Yeddyurappa who sought an "unconditional apology" from Bhardwaj, saying he has insulted the people of the state.
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"For his remarks, he (Bhardwaj) should tender an unconditional apology. He has insulted the people of the state," Yeddyurappa said.
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Soon after the governor made known his decision, the state BJP leaders went into a huddle to plan the next course of action.
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BJP earlier unleashed a blistering attack on the governor whom it accused of "behaving like a petty politician" and having "desecrated" the office.
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Yeddyurappa shelved plans to hold an emergency Cabinet meeting tomorrow, with a view to adopting a resolution demanding immediate recall of the governor, reportedly on the advice of party central leaders not to precipitate matters.
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Expressing his resolve to act, Bhardwaj in his today's letter told Yeddyurappa in clear terms that "the governor is entitled to and required to take an independent decision on the basis of the material available".
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Leader of Opposition in Rajya Sabha Arun Jaitley said "The BJP strongly condemns as constitutionally improper and politically motivated the action of Governor of Karnataka in granting sanction for prosecution against the Chief Minister of Karnataka and his cabinet colleagues."
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He insisted that a Governor is a "political appointee" with a political background.
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Attacking Bhardwaj, Jaitley said that he was "proactive" to protect the "poor plight of Congress" in the state and had turned Raj Bhawan into an area of of activity for that party.
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Meanwhile, Karnataka Lokayukta Santosh Hegde said "Legally speaking, the Governor has the power to grant or refuse sanction despite the cabinet's resolution. He is empowered to do so". "Though the Governor has to go by the advice of the cabinet, there are exceptions where he can act independently and should act independently", he said, citing earlier rulings.
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Congress spokesperson Abhishek Manu Singhvi said "These are situations which are well-known, established. The Governor has acted after full application of mind. Only those who have something to hide should be worried. Otherwise, this is the discretion (of the Governor) and if anybody is aggrieved, they can take appropriate legal action."


Sent by Mohan Raj

1 comment:

  1. BJP Protests Guv Sanction, Calls for Bandh

    Karnataka's ruling BJP called a state-wide bandh tomorrow protesting Governor H R Bhardwaj's sanction for prosecution of Chief Minister B S Yeddyurappa.

    The party also ruled out Yeddyurappa's resignation in the wake of the Governor's action.

    Taking stock of the crisis triggered by Bhardwaj's action, an emergency meeting of the party declared it would fight "legally and politically" against the Governor's sanction which it described as "unconstitutional and politically- motivated".

    BJP decided to call a statewide bandh tomorrow to protest the Governor's action, BJP State unit president K S Eswarappa told reporters here.

    "There is no question of the Chief Minister resigning. We will fight out legally and politically", BJP General Secretary Dharmendra Pradhan, also incharge of BJP affairs in Karnataka, said.

    Pradhan was earlier rushed to the city by the BJP central leaders to guide the state unit in deciding the future course of action against the Governor.

    Eshwrappa described Bhardwaj's decision as a "murder of democracy, a black order in the history of the state and done under the promptings by Congress and JD(S)".

    "The Governor is carrying on his political agenda through his office and trying to breath life to Congress", he said.

    He said Bhardwaj should tender an unconditional apology to the people of the state for his offensive remarks made against the government.

    http://news.outlookindia.com/item.aspx?709253

    by Mohan Raj

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