The Governor can exercise discretion to grant prosecutorial sanction under Section 17A of the PC Act even against a Chief Minister if the Council of Ministers' advice appears biased.

ORDER :

1. The petitioner is the Chief Minister of the State of Karnataka. He is knocking at the doors of this Court, calling in question a GUBERNATORIAL order, which grants permission or approval under Section 17A of the Prevention of Corruption Act, 1988 (‘the PC Act’ for short) and sanction under Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘ BNSS ’ for short) against him.

2. Sans details, introductory facts, as borne out from the pleadings, are as follows:

The petitioner is the present Chief Minister of the State of Karnataka. Before embarking upon the present controversy, I deem it appropriate to notice the period of power of the present Chief Minister, at the relevant points in time, which forms the fulcrum of the lis. Between the years 1996 and 1999 and during 2004 and 2005, the petitioner was the Deputy Chief Minister. He served as a Leader of the Opposition on two occasions, between 2009 and 2013 and between 2019 and 2023 and as Chief Minister in two stints - one, between 2013 and 2019 and the other, currently from 2023. Respondents 3, 4, and 5, who are hereinafter referred to as complainants, seek to register a complaint, initially before the jurisdictional police. The complaint was not acted upon. The 3rd respondent approaches the Commissioner of Police in registering the complaint both in compliance with Section 154(1) and 154(3) of the Cr.P.C. Again no action was taken. It then transpires that, he has knocked at the doors of the Special Court invoking Section 200 of the Cr.P.C. seeking registration of the crime. The concerned Court, noticing the law laid down by this Court in G.V. Ashok v. Lokayukta in Criminal Petition No. 531 of 2022 disposed of on 04-04-2023 keeps the proceedings in abeyance awaiting approval at the hands of the Competent Authority under Section 17A of the PC Act.

3. The respondents present their petitions before the Governor, in particular, the 3rd respondent - T.J. Abraham who appears before the Governor in person on 26-07-2024. Since the facts that led him to the doors of the Governor are completely narrated in the petition itself, I deem it appropriate to notice the petition that was placed before the Governor by the 3rd respondent seeking his approval/sanction for prosecuting the petitioner. It reads as follows:

“Dated 26th July 2024

To

His Excellency,

The Hon'ble Governor of Karnataka

Raj Bhavan,

Bengaluru-560001

Respected Sir,

SUB: Request for the Sanction for prosecution of Sri. Siddaramiah, the incumbent Chief Minister of Karnataka, who is also MLA from No. 219 Varuna Assembly Constituency, U/s. 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023, U/s 17A and S.19 of the Prevention of Corruption Act, 1988, for being actively involved in the Criminal Manipulations for Corrupt gains by Corrupt means, for himself & his family to enrich themselves illegitimately and illegally gaining Rs.55,80,00,700/- at the cost of the State Exchequer.

A Complaint/Information was made/given to the Karnataka Lokayukta Police at Mysore on 18th July 2024 and the same was followed up with additional information on 25-07-2024, for Cognizable offences under Section 173 of the Bharatiya Nag