Karnataka Government is obliged to maintain law and order in the State:Chidambaram

The Union Home Minister, P.Chidambaram has said that the law in respect of a Governor giving sanction to prosecute a Chief Minister or a Minister is clear and well-settled. In a statement, issued here today, he said that the Karnataka Government is obliged to maintain law and order in the State.

“Government has taken note of the developments in Karnataka.

I am not going into the merits of the complaints that were before the Governor of Karnataka in respect of which he has granted sanction for prosecution. The purpose of this statement is to set out the constitutional and legal position.

It is not the first time that a Governor has given his sanction to prosecute a Chief Minister or a Minister of the State Government. The law in this respect is clear and well-settled. The leading case in this behalf is M.P. Special Police Establishment Vs. State of Madhya Pradesh (2004 vol.8 SCC page 788). That was a case in which the then Governor of Madhya Pradesh, Shri Bhai Mahavir, overruled the advice of the Cabinet and granted sanction to prosecute two Ministers. A 5-Judge bench of the Supreme Court upheld the order of the Governor.

I would invite the BJP’s attention to the statement made by Shri Justice (Retd) Santosh Hegde, Lok Ayukta of Karnataka, who has observed that the Governor had the jurisdiction to grant sanction for prosecution.

I am, therefore, disappointed that the BJP has raised the decibel level and has taken to the streets. This is not correct and is totally unacceptable. The Government of Karnataka is obliged to maintain law and order in the State, not to standby when law and order is disrupted by party cadres or there are acts of violence. I have requested the Home Secretary, Government of India, to speak to the Chief Secretary and the Director General of Police, Karnataka in this regard.

I am glad to note that the BJP no longer says that the alleged transgressions of law in Karnataka are “only immoral and not illegal.” Surely, the BJP knows the legal position. The BJP also knows that any person aggrieved by the order of the Governor can seek legal remedies. Hence, it is my sincere hope that the BJP will advise its State unit to abide by the law and will advise the Government of Karnataka to discharge its constitutional obligation to maintain law and order.”

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