Jaitley questions if Guv can prosecute CM without probe

BJP leader Arun Jaitley on Saturday sought to legally pin down Karnataka governor HR Bhardwaj’s sanctioning of CM Yeddyurappa’s prosecution, reiterating it was “politically motivated”.
HT Image
HT Image
Updated on Jan 23, 2011 12:47 AM IST
Copy Link
Hindustan Times | By, New Delhi

BJP leader Arun Jaitley on Saturday sought to legally pin down Karnataka governor HR Bhardwaj’s sanctioning of CM Yeddyurappa’s prosecution, reiterating it was “politically motivated”.

Party president Nitin Gadkari too accused the governor of political motivation, saying the CM’s land allotments to his kin were “immoral but not illegal”, He had told HT the same in a December interview.

Jaitley made three points in response to home minister P Chidambaram’s defence of the governor.

First: a sanction is required “only at the stage of taking cognizance of the offence (by the judge trying the case) and not at the stage of filing a complaint”. The argument: the governor had deliberately precipitated a crisis at a stage when the sanction was not even required so as to “create an adverse environment” for the CM.

Second: Jaitley wondered whether a governor could grant sanction to a private citizen to prosecute a CM without an investigative process or judicial proceeding finding the CM guilty, quoting Constitutional expert HM Seervai against such a proposition.

Third, Jaitley said the home minister and the Karnataka Lokayukta relied on a 2004 SC judgment to uphold the governor’s action, ignoring the SC observation that “though the governor can act independent of the decision of the council of ministers and act on his discretion, the issue of sanction has first to be considered by the council of ministers”.

“The governor by acting on his own… besides having acted unconstitutionally, has challenged the basis of democratic functioning where primacy is given to the council of ministers,” Jaitley said. He added such practices would harm the federal structure, as political appointees to the governor’s post would work to destabilise state governments.

SHARE THIS ARTICLE ON
Close Story
QUICKREADS

Less time to read?

Try Quickreads

  • Police arrested him near Amausi airport from where he was about to take a flight late on Monday night. (File image)

    Kanpur violence: Alleged mastermind and accused builder Haji Wasi arrested

    Haji Wasi, a builder accused of funding the Kanpur violence that broke out on June 3 last was arrested on Monday night, said Joint commissioner of police, Anand Prakash Tiwari . According to police, Haji Wasi was the main financer of the alleged mastermind of the Kanpur violence, Zafar Hayat Hashmi. His son Rahman was arrested two days ago. Wasi was named in three FIRs by the Special Investigation Team investigating the Kanpur violence.

  • Raids by the Anti-Corruption Bureau (ACB) underway at Congress MLA BZ Zameer Ahmed Khan's guest house in Sadashiva Nagar, Bengaluru.

    Anti-Corruption Bureau raids 5 locations of Cong MLA Zameer Ahmed Khan in K'taka

    The Anti-Corruption Bureau on Tuesday conducted searches at five places belonging to Congress MLA Zameer Ahmed Khan on the basis of an Enforcement Directorate report on disproportionate assets case against him. According to ED, the raids were conducted at five locations including the residence of the Chamaranpet constituency MLA at Bengaluru Cantonment, a flat at silver Oak Apartment, a guest house at Sadashiva Nagar, GK Associates office at Banashankari and National Travels office in Kalasipalya.

  • Bengaluru's Kempegowda International Airport (File Photo/Used only for representation)

    Global Livability Index: Bengaluru, ranked 146, scores least among Indian cities

    Bengaluru may have topped the Union government's Ease of Living Index last year, but Karnataka's capital city fared the worst among Indian cities in the Economic Intelligence Unit's (EIU) Global Livability Index 2022, which was released on June 24. Bengaluru's position in Global Livability Index 2022 For the first time, a total of five Indian cities featured on the list; before 2022, only Delhi and Mumbai were featured.

  • Waterlogging in the Sion area of Mumbai in the wake of heavy rain in the city.

    Mumbai waterlogging nightmare returns with heavy rain. Videos capture plight

    Mumbai has been witnessing heavy rain amid monsoon arrival. As downpour lashed the city on Monday, Mumbai witnessed scenes of waterlogging in several areas. Waterlogging was also reported in the city's Sion area, which disrupted normal life. Waterlogging was also seen at Khandeshwar Railway Station in Navi Mumbai as commuters navigated their way through ankle-deep waters. The weather department has issued an orange alert warning of heavy rain in Mumbai for the next few days.

  • Panipat police have arrested a man for making a ransom call to a local commission agent by posing as a member of Kala Jatheri gang. (Image for representational purpose)

    Haryana: Man arrested for attempt to extort 10 lakh in Panipat

    Panipat police have arrested a man for making a ransom call to a local commission agent by posing as a member of Kala Jatheri gang. He had demanded Rs 10 lakh extortion money from the commission agent. The accused has been identified as Ajay of Budha Khera village in Jind. The police said that they have now arrested three persons, including Ajay, Sunil alias Sahil and Akhil, in this case.

SHARE
Story Saved
×
Saved Articles
Following
My Reads
Sign out
New Delhi 0C
Tuesday, July 05, 2022