Bangalore: Karnataka High Court Monday directed Chief Minister B S Yeddyurappa to file an application to implead the state government as a party in a petition filed by him, challenging sanction accorded for his prosecution by Governor H R Bhardwaj on private complaints over land scams.
When the petition came up for hearing, a division bench comprising justices Ajit Gunjal and B V Nagarathna directed Yeddyurappa to file the necessary application to
implead the state government as a a party.
The court granted a week`s time to petitioner`s
counsel B V Acharya to file Interim Application (IA) with a
direction for an advance copy to be served to the respondents (the two lawyers who filed the complaints) and adjourned the hearing to August 16.
Senior Counsel for the respondents P P Rao, however,
said he would oppose the IA as it is difficult to comprehend
how his government can defend the Governor`s action when the
Chief Minister is the aggrieved party.
Earlier, Rao, quoting Article 361 submitted the
petition was not maintainable without the State being made a
party.
He further submitted that the Governor enjoys immunity
and cannot be summoned by any court of law.
Acharya reiterated senior counsel Ram Jethmalani`s
statement in the July 18 hearing that Governor`s sanction for
prosecution revealed "non application of mind and was biased".
He further submitted that while the Governor cannot be summoned to court, he can be asked to file an affidavit.
It may be noted that the court on July 18, had placed
the petition before Chief Justice J S Khehar, to in turn refer
it to larger bench as petition involved important questions of
constitutional law.
PTI
