In a setback to the Narendra Modi government, the Gujarat High Court on Friday directed Governor Kamla Beniwal to take 'final decision' over granting sanction for prosecution of minister of state for fisheries Purshottam Solanki for his alleged role in a Rs 400 crore scam in awarding fishing contracts.
The development achieves significance as the Modi government has been at loggerheads with the governor over the appointment of the Lokayukta in the state. The matter has reached the Supreme Court, where the state government had termed the decision of Governor, in August last year, to appoint retd Justice R A Mehta as Lokayukta, as unconstitutional. The Governor had made the appointment, against the recommendation of the Council of Minister (CoM).
On Friday, the division bench of Justice Jayant Patel and Justice C L Soni which issued the directions had held that the decision of the CoM cannot be termed as 'final decision', it can be taken as a recommendation. The court ruled that under the Constitution of India unless the Governor gives accent to the recommendation it cannot be termed as final decision of the government.
The directions were given while hearing a contempt plea against Chief Minister Narendra Modi and his CoM over the state government's refusal to give sanction to Solanki's prosecution without the approval of the Governor.
The court however, observed that since the state government has taken a decision not to give permission for prosecution of the minister, it cannot be saidn that they have not acted and were in contempt of court. Further hearing is on July 30.
The government had on June 29 this year decided against granting sanction to prosecute Solanki, on a plea in this regard.
The court also ordered dropping of names of Modi and other eight members of the state Council of Ministers from the contempt petition, saying they cannot be personally shown as party for the contempt, but the state Chief Secretary was made the respondent on behalf of the state government.
It also directed the state government to forward all the papers, based on which the CoM had taken a decision not to prosecute Solanki, to the Governor within a week and asked the Governor to decide on the issue in the next two weeks after she receives the papers. "The final decision on the issue will be that of Governor," the court said.
The court further criticised the manner in which whole issue had been handled by the state.
One Ishaq Maradia has alleged Solanki of indulging in corruption in 2009 by granting fishing contracts without any tendering process causing loss of Rs 400 crore to the state exchequer. Maradia also sought registration of an FIR against Solanki under the Prevention of corruption Act.
However, his request for Solanki's prosecution was struck down by the order of deputy secretary to Agriculture and Co-operation Department on October 20, 2010, following which Maradia moved the high court challenging the jurisdiction of deputy secretary in deciding against sanction.
On March 30 the High Court had set aside the order of Deputy Secretary, and directed the government to decide over permission to prosecute Solanki under Section 19 of the Prevention of Corruption Act. It had stated that Governor would be the competent authority to take a final decision with aid and advice of the Council of Ministers.
