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'Charges that Governors acting at Centre's behest not correct'

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Press Trust of India Thiruvananthapuram

Dismissing as factually not correct, allegations that Governors are acting on the behest of the central government, outgoing Kerala Governor P Sathasivam said they are bound to act within the Constitutional parameters.

He referred to media reports of the Jammu and Kashmir Governor Satya Pal Malik in this regard and pointed out that since there was no elected government there now, he (Malik) has to formulate future plans.

"There is no elected government... At present Governor is the head of the state. So he has to make a statement.He has to formulate the future plans.

Nobody can go against the Constitution. I don't think the Centre will pressurise Governors to do or not to do something. These reports are factually not correct," he said.

 

Sathasivam also said the powers of a Governor are written in the Constitution and nobody can do as he or she likes.

"As far as I am concerned and due to my background in the judiciary, I know the powers, functions and the duties of a Governor. It's all written in the Constitution. Nobody can do as he or she likes," he said.

His comments came during an interaction with the media after attending a farewell meeting organised by the staff of Raj Bhavan.

Asked about the the Supreme Court's September 28 2018 order on Sabiramala and the Kerala government's decision to implement it, he said governments are bound to implement the apex court orders.

Those who felt aggrieved by the order were free to move the Supreme Court, highlight aspects which they thought should be done and request the court to modify the verdict.

"They are free to ask. The court has even done that in one or two important cases," he said.

The Supreme Court had on September 28 last year opened the Sabarimala temple to women of all ages.

The Kerala government's decision to implement the judgement resulted in widespread protests by right-wing elements and a section of frenzied devotees.

On the controversies surrounding the collegium system, he said such instances were not there much during his tenure in the Supreme Court.

"Sometimes mediapersons give more details even without knowing the decisions of the collegium... Not correct. These are all internal communications with regard to the internal work," Sathasivam said.

Asked about the controversy four senior-most judges calling a press conference and mounting a virtual revolt against the then Chief Justice, listing a litany of problems, including allotment of cases, he said not many know about the working of the Supreme Court and its distribution of work.

"All judges are qualified, but some judges maybe an expert in some particular matter and the Chief Justice might be entrusting it to that particular person.

It's not because the Chief Justice is favouring that particular judge. Many people outside may not know about this," he said.

Sathasivam said there was no need for any concern over the independence of the judiciary and no one was pressurising the top court.

Sathasivam, who had completed his five-year term as Kerala Governor, said he plans to move back to his village in Erode and focus on his farming.

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First Published: Sep 04 2019 | 10:05 PM IST

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