Congress submits petition against Pralhad Joshi to K’taka Guv on defamation of judge

Update: 2024-11-11 18:00 IST

Bengaluru : The Karnataka Congress has submitted a petition to the Governor of Karnataka Thaawarchand Gehlot against Union Minister Pralhad Joshi on Monday demanding action for defaming Justice John Michael D’Cunha, investigating the Covid-19 scam.

Minister for Health Dinesh Gundu Rao and Minister for Revenue Krishna Byre Gowda met Governor Gehlot at the Raj Bhavan in Bengaluru and submitted the memorandum.

Speaking to reporters after submitting the petition, Minister Rao stated: “Union Minister Joshi on Sunday while talking about the report submitted to the government on the Covid scam, directly referring to the inquiry commission’s chairperson Justice Michael D’Cunha, spoke in a bad taste about him.”

Rao further stated, “Joshi had scolded him and called him a political agent and not a judge. Joshi has made a serious allegation that the preliminary report that he had submitted to the government is done with malice and keeping the by-elections in mind.”

“This is unfortunate. Pralhad Joshi is not a common man. He is the Union Minister. It is against the principles of democracy to make lowly comments on the Constitutional benches of inquiries and also to pass personal remarks,” he said.

He added that the issue of statements is also against the law, adding that under the Commissions of Inquiries Act, those who lead the inquiries and those who are members of the commission, the comments can’t be passed against them and comments which create doubts on the commission of inquiry.

"You can discuss the judgment but one can’t say that the judge is acting with malice. On the same lines, Justice Michael D’Cunha has a history of discharging his duties efficiently and last year the Congress government had appointed him to probe the Covid scam," he stated.

Roa said that Justice D'Cunha took charge of the commission last August and submitted the first report in August 2024, adding that the by-elections are being held in November this year and the report was submitted in the last week of August. “There was no connection with the election,” Rao clarified.

He said that abusing and defaming statements are deemed as bringing pressure on the commission of inquiry.

“The Union Minister is directly and indirectly pressuring the commission and creating fear. During the process of inquiry, no one should talk on these lines. Hence we approached the Governor and urged for action and told him that the matter has to be brought to the notice of the President,” he stated.

He added that a public message will have to be given otherwise all will make public comments on judges and commission of inquiries.

“If such a trend continues, no one will take up the responsibility of holding investigations,” Rao maintained.

He said that Pralhad Joshi has passed statements out of “sheer arrogance” and also “out of confidence” that since ‘he is a union minister no one can touch him including judges’.

“He should stop issuing statements and tender public apologies,” Rao demanded.

He added the statement by Union Minister Joshi amounts to contempt. “There is scope for a legal course of action against Joshi for his remarks,” Minister Rao stated.

"Justice Michael D'Cunha, you are a judge, not an agent," Joshi had stated while addressing a rally in Shiggaon.

The John Michael D'Cunha Commission report has recommended the prosecution of former chief minister B.S. Yediyurappa and ex-health minister B Sriramulu over the purchase of 3 lakh PPE kits from Chinese firms in 2020.

Addressing a public meeting in Karnataka's Shiggaon, Pralhad Joshi alleged that Justice Michael D'Cunha had always been "against them". Justice D'Cunha retired from the Karnataka High Court in 2021.

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