Punjab governor warns CM, asks him to reply to his letters else face the music
In a strongly worded letter, Banwarilal Purohit says he is pained to point out that there is reason to believe failure of the constitutional machinery in Punjab; adds though he is yet to decide on recommending President’s rule under Article 356 and initiating criminal proceedings under Section 124 of the IPC, he wants information sought in earlier letters besides steps taken to tackle drug issue
Punjab governor Banwarilal Purohit fired a warning shot at chief minister Bhagwant Mann on Friday, telling him to respond to his letters, failing which he would have no choice but to take action according to law and the Constitution.
In a strongly worded letter, Purohit said he is pained to point out that there is reason to believe that there is failure of the constitutional machinery in the state. “Before I am going to take a final decision regarding sending a report to the President of India under Article 356 about the failure of the constitutional mechanism and decide about initiating criminal proceedings under Section 124 (assaulting governor with intent to compel or restrain the exercise of any lawful power) of the IPC, I ask you to send me the requisite information sought for under my letters referred to above, as also in the matter of the steps taken by you concerning the problem of drugs in the state, failing which I would have no choice but to take action according to the law and the Constitution,” the governor wrote in the four-page missive.
At loggerheads for over a year
Mann and Purohit have been at loggerheads over a raft of issues, including the appointment of vice chancellors, convening of special assembly sessions, CM’s absence from official functions, etc, for the past more than a year. The governor has repeatedly accused Mann of not replying to his official letters seeking information on administrative matters. The CM seems to have added fuel to the fire by referring to Purohit’s communication as “love letters.”
Referring to his August 1 letter to the chief minister, Purohit said that in spite of these letters, he (Mann) has still not given the information. “It appears that you are deliberately refusing to give the information. I regret to note here that in spite of the clear provisions of Article 167 of the Constitution of India, which makes it mandatory for the chief minister to furnish all such information relating to the administration of affairs of the state as the governor may call for, you have failed to supply the information sought by me,” he said.
He reminded the chief minister of the February 28 Supreme Court judgment in which it observed that both the chief minister and the governor are constitutional functionaries with specified roles and obligations earmarked by the Constitution, and that the governor has a right to seek information from the chief minister in terms of Article 167(b) on matters relating to the administration of the affairs of the state and proposals for legislation.
“Once such information is sought, the chief minister is duty bound to furnish it. Far from supplying the information sought by me, you have exhibited an absence of grace and decorum when you proceeded to make unnecessary and unwarranted observations demonstrating what may only be described as extreme animosity and personal prejudice against me personally, as also the office of the governor. This flies in the face of the Supreme Court of India’s observation that ‘while this Court is cognizant of the importance of free speech and expression and the fundamental value embodied in Article 19(1)(a), it becomes necessary to emphasize that constitutional discourse has to be conducted with a sense of decorum and mature statesmanship’,” he wrote.
CM disobeyed Constitution: Governor
Recalling the remarks made by Mann during the special session of the assembly in June, Purohit said, “Through your derogatory remarks, you have attempted to restrain me from exercising the lawful powers conferred on me under Article 167 of the Constitution. Should I choose to do so, such action may also provide grounds for action under Section 124 of the Indian Penal Code.”
He said that not furnishing the information which was sought by the governor would be plainly in dereliction of the constitutional duty which is imposed on the chief minister in terms of Article 167(b). “This behaviour shows that you have not only disobeyed the provisions of the Constitution of India, but have acted in a manner that may be described as being contemptuous of the honourable Supreme Court by repeatedly and intentionally disobeying and disrespecting the Supreme Court of India’s observations,” he added.
Easy availability, abuse of drugs
While seeking response to issues taken up in his previous letters, the governor said he has received reports from agencies regarding availability and abuse of drugs in the state. “It is common knowledge that they are available in chemist shops and a new trend is observed that they are being sold in government-controlled liquor vends,” he said, citing recent action by Narcotics Control Bureau (NCB) and Chandigarh Police who have sealed 66 liquor vends in Ludhiana that are selling drugs, in a joint operation and a parliamentary standing committee report that one in five are exposed or addicted to drugs in Punjab. These facts point out to the breaking down of the law and order system in Punjab so much so that now villagers have started protesting on streets in large numbers and decided to set up their own village defence committees to protect themselves from drugs,” he wrote, seeking a report concerning the action taken by state government in the matter.
