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Governor can sanction prosecution of ministers: SC
S.S. Negi
Our Legal Correspondent

New Delhi, November 5
In a judgment of far-reaching consequences regarding initiating action against “corrupt” politicians, the Supreme Court today ruled that the Governor was competent to take an independent decision about granting sanction for the prosecution of a minister even if it was turned down by the Council of Ministers.

A five-judge Constitution Bench, headed by Mr Justice N. Santosh Hegde, said denial of sanction for prosecution of a minister, if found indulging in illegal activities, would result in the “breakdown” of the rule of law.

“If the Governor cannot act in his own discretion, there will be a complete breakdown of the rule of the law...as it would then be open to the governments to take refuge behind question of sanction in spite of the overwhelming material showing that a prima facie case was made out (against a minister),” ruled the Bench, having Mr Justice S.N. Variava, Mr Justice B.P. Singh, Mr Justice H.K. Sema and Mr Justice S.B. Sinha as the other judges.

The court said it would be open to the Council of Ministers to refuse sanction even if a “prima facie” case is made out against a minister, but it would lead to a situation when people in power would “breach law with impunity, knowing that the sanction for their prosecution will not be given.”

The ruling was given by the Bench while deciding an important question of law whether the Governor has to follow the decision of the Council of Ministers regarding grant of sanction even if there was sufficient evidence before him against a minister, or he was competent to take independent decision on the issue.

The judgment came on an appeal, filed by the Madhya Pradesh Special Police Establishment, against the order of the M P High Court, which had struck down the Governor’s sanction order for prosecuting two ministers — Rajendra K. Singh and Bishau Ram Yadav — in the Digvijay Singh ministry in a land scam.

The police had registered an FIR on March 31, 1998, following a complaint before the Lok Ayukta, alleging that the ministers had illegally restored 7.5 acres of land to its earlier owners after it was acquired by the Indore Development Authority.

When the case for their prosecution was referred by the Lok Ayukta to the Council of Ministers, it said that “no prima facie” case was made out against them. The Governor, however, took a contrary view and opined that the available material, documents and evidence “prima facie” showed that the offence had been committed by the two ministers.

The Governor had consequently granted sanction for their prosecution, which was struck down by the high court when the ministers filed a petition against the order.

The high court said that the Governor could not take an independent decision on the issue as he was bound by the advice of the Council of Ministers.

But the Constitution Bench of the apex court did not agree with the high court findings and set aside its order with the direction that the state police would expedite probe in the case against the two ministers to ensure a speedy trial against them.