HC notice to Guv, Govt in Solanki case
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- Current News
- Tuesday, 07 August 2012 01:24
- Published on Tuesday, 07 August 2012 14:25
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Gujarat Global News Network, Ahmedabad
The Gujarat High Court issued notices to the private secretary of Governor Kamla Beniwal and the state government on Monday in relation to the petition moved by Fisheries Minister Purushottam Solanki. The minister has challenged the Governor’s authority to grant sanction for is prosecution.
In his arguments before the single judge bench of Justice R H Shukla, Solanki’s counsel Prakash Thakkar said that the Governor while taking a decision on granting or denying sanction for criminal prosecution of a minister appeared to have acted on oral translation of documents.
Thakkar argued before the court that according to the judgment of a seven-judge Supreme Court bench, the Governor cannot take a decision in her personal capacity without the aid and advice of the council of ministers. Also the decision must be based upon material produced by the complainant. In this case, the complainant did not furnish any material except affidavits and high court orders. The Governor wrote a 56-page essay [to sanction prosecution] based on various files produced by the government and not by the complainant. The Governor becomes the prosecutor herself and writes the judgment. Is it permissible under the law?
At the beginning of the proceedings, the court objected to certain arguments made in the minister’s petition and said that they can hurt the dignity of the post of Governor. Solanki’s lawyer assured the court that these arguments would be deleted from the petition.Â
Solanki is accused of committing irregularities in awarding contracts worth Rs400 crore for fishing at state reservoirs. The governor had given her assent for Solanki’s prosecution under the Prevention of Corruption Act.
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