JOIN USNot a nice man to know
The day it was announced that the old Congressman H R Bhardwaj will be the new Governor of Karnataka, there was a buzz in political circles that BJP’s euphoria of having installed its first government in the southern state would be short lived.
The BJP Government did not have to wait long for it to happen. Shortly after assuming office in Bangalore, Bhardwaj, former Union Law Minister and a 10, Janpath loyalist, proclaimed that he was what he was only because of the Gandhi family. He claimed so brazenly, in interviews and press conferences, which he would often call, unlike his predecessors. The State Raj Bhavan, perhaps for the first time in its history came to be politicised.
From day one, Bhardwaj sent out signals that the BJP Government would not have a free run. Administratively, he proved to be a hard nut to crack – he would sit on files or reject the decisions of the government. Appointment of the vice chancellors was one such instance. Politically, the wily governor showed that the BJP would not have it by entertaining a petition against the Reddy brothers, which the Election Commission is now dealing with. He even called the State Government amongst the most corrupt. This was followed by a controversial decision to give two chances to Chief Minister B S Yeddyurappa to prove his majority in a span of few days.
The flashpoint in the tension-filled relationship between the State Government and the Governor came when he decided to sanction prosecution of the CM, prompting the BJP leaders both at the Centre and in the State to call him a ‘Congress agent’. The ‘chor-kotwal’ remark he made further angered the BJP leaders.
Legally sound decision
The two lawyers, Sirajin Basha and K N Balaraj, have made a prima-facie case seeking sanction for prosecution of the CM under section 19 (1) of Prevention of Corruption Act 1988 and Under Section 197 of the Criminal Procedure Code 1973. Their complaint and documentary evidence ran into 1,625 pages.
The complainants narrated in detail instances relating to criminal conspiracy, criminal breach of trust, cheating, falsification of documents, receiving illegal gratification, securing pecuniary advantage and valuable things, amassing wealth disproportionate to the known sources of income. They found in Bhardwaj, a Governor more than willing to entertain their complaint.
Most experts assert that Bhardwaj went by the rule book, especially in following the ruling of a five-member Constitution bench, headed then, ironically by the BJP Government’s present bete-noire and Lok Ayukta Justice Santosh Hegde. As an apex court judge, Justice Hegde had upheld the sanction given by the Madhya Pradesh Governor for prosecution of two ministers ignoring a State Cabinet decision against it.
Says apex court advocate Mohan Katarki: “The Governor is independently competent to grant sanction for prosecution of CM provided that he has good reasons to differ from the Cabinet advice.”
While Governor Bhardwaj may have behaved like a politician without even caring to observe the niceties expected of his exalted office, it is hard to question the legality of his decision to approve the CM’s prosecution.
Further, there are many, some of them in Yeddyurappa’s own party, who blame the CM for the present state of affairs. “The showdown with a none-too-friendly Governor was expected after the CM’s corrupt activities came to light. If the Governor is indeed acting like a Congress agent, why is there no turmoil in Madhya Pradesh and Gujarat, which are also ruled by the BJP?” asked a BJP leader talking to Deccan Herald.
That Bhardwaj had made his homework was clear when he wrote to the Union Home Ministry justifying his action. He quoted a Supreme Court verdict in the AR Antulay case in 1982, which stated that the “…Sanction to prosecute the CM is the exclusive function of the Governor, to be exercised by him in his discretion.” The apex court, in the Antulay case, had also ruled that “A private complaint is maintainable without investigation by the authorised agencies.”
On the question of how the Governor accorded sanction based on a mere private complaint by two advocates, without inquiry by any competent investigating agency, Bhardwaj explained: “In the Antulay case the Supreme Court said that a private complaint is maintainable without investigation by the authorised agencies.”
However, noted lawyer Fali S Nariman says the Governor has no power to order prosecution of a CM if the Council of Ministers has advised him not to do so. The CM is responsible to the Legislative Assembly and it is for the Assembly to show a lack of confidence in him, if it so chooses on the ground of his corrupt act. As the Governor is a constitutional head and he must act on the aid and advice of his Council of Ministers, Nariman says.
Questioning the Governor motive, the BJP says “When CM himself has ordered two inquiries into land deals - one by Lok Ayukta and another by an inquiry commission - what is the need for Governor sanctioning for one more probe.”
Unlike twice in the past when internal party rebellion almost threw Yeddyurappa out of his seat, this time, he has got the full support of the party so much so that it has become a BJP versus Congress issue.
Different strokes for different folks
(With inputs from Abhay Kumar
in Patna and Sanjay Pande in Lucknow)