THIRUVANANTHAPURAM: In a climbdown, Governor Arif Mohammad Khan on Tuesday approved Saji Cherian’s re-induction into the state cabinet saying the chief minister’s recommendation in this regard is binding on him. Cherian will be sworn in at 4pm on Wednesday. The governor will administer the oath of office and secrecy at a special function at the Raj Bhavan.
Khan was initially reluctant to accept the CM’s recommendation in this regard. He finally approved the re-induction, but conveyed his reservations to the CM over the phone.
The decision has put an end to the high drama that has been unfolding since Khan’s return to Kerala on Monday evening.
Talking to reporters upon his arrival, Khan had hinted that he was not bound by the CM’s recommendation on Saji’s re-induction as it was not a “normal” case. He said he would take a call after looking into various aspects, including legal opinion.
Soon after, standing counsel S Prasant informed media houses that Raj Bavan’s legal advisor S Gopakumaran Nair has advised the governor that he cannot permit the minister’s re-induction unless he is convinced that Cherian has been exonerated of all charges by a court.
Khan, who visited ailing Congress leader Oommen Chandy at his house in Thiruvananthapuram on Tuesday, told reporters that the swearing-in will take place on Wednesday. He said the chief minister’s recommendation is binding on him. “Who is to become a minister is the prerogative of the chief minister. However, this is an extraordinary situation. I have informed the CM of my apprehension. But ultimately, I have approved his proposal,” Khan said. It was the Attorney General’s legal advice to the governor that proved crucial in forcing Khan to change his mind.
Any consequence CM’s responsibility: Guv
AG R Venkataramani categorically said that administering an MLA the oath of office on the advice of CM is a constitutional duty of the governor. He also pointed out that it is the prerogative of the CM to decide who should be inducted in the cabinet.
The AG also warned Khan that if the CM stands firm on his proposal it will lead to a constitutional crisis. The governor’s act of questioning CM’s proposal on who should be inducted into the cabinet could lead to a situation where the governor loses his pleasure on the chief minister.
“It will also lead to a peculiar situation where the CM may be forced to step down or the governor will have to ask for the Union government’s intervention,” the AG warned the governor.
Chief Minister Pinarayi Vijayan talked to the governor over phone on Tuesday. Pinarayi reportedly explained to Khan the circumstances that led to the decision to re-induct Cherian to the cabinet. It is learnt that Khan told the CM that he will perform his constitutional duty. However, the chief minister will be solely responsible for any consequences of the decision.
Meanwhile, Leader of Opposition V D Satheesan said the UDF will boycott Cherian’s swearing-in ceremony. The opposition will look into the legal angle of the issue.
“His (Cherian’s) speech insulting the constitution led to his resignation. The situation that led to the resignation remains the same. What is the logic behind bringing back such a person as a minister? The decision to re-instate Cherian as a minister is unethical and wrong,” Satheesan added.
PLEA SEEKS TO DEFER CALL ON POLICE REPORT
Baiju Noel, an advocate, has moved the Tiruvalla Judicial FCM Court seeking to defer its call on the police report concerning Saji Cherian until the Kerala HC pronounces its order in this connection