Bangalore: A petition by Chief Minister B
S Yeddyurappa challenging the sanction accorded for his
prosecution by Governor H R Bhardwaj over alleged land scams
will be placed before Chief Justice J S Khehar for referring
it to a larger bench.
After hearing submissions of petitioner`s senior
counsel and respondents, Justice A S Bopanna of the Karnataka
High Court decided to place the matter before the Chief
Justice, observing the petition cannot be decided by a single
judge as it involved important questions of constitutional
law.
Since senior counsel for respondents, P P Rao, sought
time till July 25 citing his unavailability, the matter is
likely to come up before the court on or after July 25.
Ram Jethmalani, who appeared for Yeddyurappa, in his
submission stated that the governor`s order, even of grant of
sanction, is "not immune from judicial scrutiny if it is found
to be vitiated by the doctrine of bias".
Quoting a Supreme Court judgement in the MP Special
Police Establishment vs state of MP, 2004 case, Jethmalani
said it has been stated that the governor as a matter of
propriety may act in his individual discretion.
Jethamalani said it is no longer the law that where
prosecution is sought against a sitting chief minister, the
governor compulsorily has to act in his discretion. Whether or
not he acts in his discretion is a matter of pure propriety.
The Council of Ministers can tender its advice if it
wants to and that right can neither be defeated nor ignored by
the governor. He will be bound to act on the advice unless he
concludes it is plainly biased or irrational, he said.
PTI
