THIRUVANANTHAPURAM: Giving a shot in the arm for Governor Arif Mohammed Khan in his open fight with the chief minister, a Congress leader on Friday approached the Raj Bhavan seeking permission to prosecute Pinarayi Vijayan for exerting “influence” in the reappointment of the Kannur University vice-chancellor.
Khan had recently gone public alleging that Pinarayi had called on him and recommended the reappointment of Gopinath Ravindran as the VC. Based on the governor’s “revelation”, Congress leader Jyothikumar Chamakkala filed a complaint at the vigilance court in Thiruvananthapuram.
According to the complaint, the CM’s action was an offence under the Prevention of Corruption Act (PCA) Section 7A that pertains to “taking undue advantage to influence a public servant by corrupt or illegal means or by exercise of personal influence”. The permission of the governor, who is the appointing authority of the CM, is required even to order a preliminary inquiry against him under the PCA. Khan is currently out of the state and is expected to return only by early next month.
Supreme Court lawyer Kaleeswaram Raj said the next course of action is Khan referring the matter to the council of ministers. “However, it is for the governor to finally decide whether he should accept the cabinet’s recommendation or not,” he said. In the SNC Lavalin case, the then governor R S Gavai had turned down the cabinet’s recommendation not to give sanction to prosecute Pinarayi.
In 2004, the Supreme Court had ruled that a governor can give sanction to prosecute a minister if prima facie case is made out against him, even though the council of ministers has refused to grant sanction for prosecution.
Legal experts doubt maintainability
“The complaint will give rise to a peculiar situation. The governor will ultimately decide whether to give the nod or not. If he gives the go-ahead, the governor will become the prime witness as the complaint is entirely based on his statements,” said former director general of prosecution T Asaf Ali.
There will be pressure on Pinarayi to demit the vigilance portfolio in case the court asks the department to start the probe after obtaining the govenror’s permission. Former chief minister Oommen Chandy had given up the vigilance portfolio in 2011 after a court ordered a re-investigation into the palmolein case.
However, legal experts have expressed doubts over the maintainability of the complaint as many provisions of the PCA have been watered down following an amendment in 2018.
Some observers feel both the governor and government have landed in a tricky situation. Giving nod to prosecute the CM may help the governor bring the government on its knees, but it can also turn counterproductive for him. If Khan does not give sanction, it will give rise to allegations that he has struck a deal with the government. The governor will also be under pressure because if he does not accord sanction, it will be perceived that his accusations against the chief minister are baseless.
TRICKY SITUATION
Giving nod to prosecute the CM may help the governor bring the government on its knees, but it can also turn counterproductive for him.