'By Profound Respect, We Mean...': SG Tushar Mehta's Masterclass In Karnataka HC is A Must Watch

New Delhi: During a Karnataka High Court hearing on the MUDA scam, Solicitor General (S-G) Tushar Mehta, representing Governor Thawar Chand Gehlot, brought a moment of light-heartedness to the proceedings by sharing a bit of humour familiar to the legal community. Quoting lawyer Smith, Mehta offered insight into the subtle irony behind certain legal phrases.

"God of law never believes three things: first, when the honourable judge says 'my learned brother,' he neither means he is learned nor treats him as his brother. Second, when I say 'my learned friend,' we may be friends, but we rarely treat each other as learned. And when we say 'with profound respect,' it generally means, 'your lordships have not understood, but let me make your lordship understand", Mehta said. 

When Tushar Mehta Scooled Kapil Sibal

Earlier last week, Mehta, representing the Central Bureau of Investigation (CBI) in the Kolkata rape-murder case, made headlines when he reprimanded senior advocate and West Bengal government counsel Kapil Sibal. During a Supreme Court hearing, Mehta sharply rebuked Sibal, who reportedly laughed when concerns were raised about the Kolkata Police’s delayed response in registering the victim's 'unnatural death.' Mehta sternly remarked, "Somebody has lost their life. At least do not laugh."

MUDA Scam Row

The Governor's office informed the Karnataka High Court today that the decision to grant sanction for prosecuting Chief Minister Siddaramaiah in the alleged Mysore Urban Development Authority (MUDA) scam was made after a thorough and "elaborate application of mind." They emphasized that all relevant factors were considered before issuing the sanction order.

The case was heard by a single judge bench of Justice M Nagaprasanna, addressing CM Siddaramaiah's plea to quash the Governor's order permitting his prosecution in the multi-crore MUDA scam. Earlier, on August 19, the high court had directed the trial court to defer all proceedings against Siddaramaiah based on the Governor's sanction until the next hearing in the high court.

The Governor on August 16 accorded sanction under Section 17A of the Prevention of Corruption Act, 1988 and Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 for the commission of the alleged offences as mentioned in the petitions of activists Pradeep Kumar S P, T J Abraham and Snehamayi Krishna. On August 19, CM Siddaramaiah moved the High Court challenging the legality of the Governor's order.

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 sought quashing of the Governor's order contending that his decision is legally unsustainable, procedurally flawed, and motivated by extraneous considerations. Making his submission, Singhvi said that the sanction given by the Governor was without "application of mind" and should be set aside.

The Governor, before granting sanction, based on a petition filed by Abraham, had issued a "show-cause notice" on July 26 directing the chief minister to submit his reply to the allegations against him within seven days as to why permission for prosecution should not be granted against him.