Legal opinion sought for by Governor Vala for sanction of prosecution against CM

BENGALURU: Governor Vajubhai Vala is said to have sought legal opinion on the request for sanction of prosecution of Chief Minister Siddaramaiah by an RTI activist in the watch scandal.
Sources state, having taken the issue seriously, Vala will take at least two to three days for considering the legal ramification of giving the sanction for prosecution against the incumbent CM.
Meanwhile, legal opinion suggests that rather than the watch itself, the supposed non-disclosure of the value of the wrist watch may cause a serious concern for the CM.
Legal opinion on the matter is divided, with eminent jurist like Santosh Hegde stating that the CM may face concern if he has not disclosed the value of his watch in his yearly filing of assets and liabilities with the Lokayukta.
"Section 176 and 177 of the Indian Penal Code can be invoked, if there has been omission or false declaration of the value of assets, in the case of such valuable commodities in possession of the Chief Minister," said Hegde.
Hegde said, though there is no evidence under the present circumstances of who gifted the watch to Siddaramaiah, if there has been "illegal gratification recieved for showing official favour" then it is a serious misconduct on the part of a public official.
Hegde said the burden of proving whether the gift has been recieved from a close relative, or someone else, lies with the Chief Minister.
At the other end, senior advocate C V Nagesh opined that the sanction for prosecution against the CM cannot be given unless there has been any charges proved against him.
"The question of sanction for prosecution comes at a later stage, when there is a case filed against whomsoever has committed a crime. When there is no evidence of crime, where can the question of sanction for prosecution arise?" asked Nagesh.
Purely as a legal scenario, Nagesh said even if the CM is found guilty of owning a watch of such high value and has not declared it, even then he has time till March 31 to declare his assets and liabilities with the Lokayukta for the year 2014-15.