Jagdeep Dhankhar Has Sanctioned The Persecution Of The Ministers Before They Took Oath As Ministers

 

 

 

Just a day before the new council of ministers from Bengal are sworn in on the 10th of May, Jagdeep Dhankhar, the governor of West Bengal has issued a press note where he has said that he has given the CBI sanction to prosecute Trinamool leaders Firhad Hakim, Subrata Mukherjee, ex-MLA Sovan Chatterjee, and Madan Mitra because the governor of the state was their appointing authority as the offense has taken place in 2016.

The argument made by the governor has been questioned before the CBI court by Trinamool Congress and they have claimed that it is arbitrary and illegal.

The legal experts have said that during the period for which the governor gave sanctions after Chief Minister Mamata Banerjee was sworn in on 5th May, and before her council of ministers was administered the oath of office on 10th May is a gray area legally.

The hasty arrest by CBI is questioned by Justice Chittotash Mookerjee who is the former Chief Justice of Bombay High Court as he has said that ideally, the sanction to prosecute must come from the Assembly Speaker. He also added that there has to be a more clear law on the authority for sanctioning.

The speaker Biman Banerjee has claimed that he has not received any communication from CBI. He has expressed his surprise by saying that the sanction was given by the governor but it is a mala fide and illegal arrest. The speaker is also intimated if an MLA is arrested. But things are not done in the way they should have been done.

According to the Sanction 19 of the Prevention Corruption Act, no court is going to take due cognizance of the offense that is punishable under sections 7,10,11,13, and 15 that are alleged to have been committed by a public servant except for a previous sanction. The Supreme Court has also held the fact that MLAs and MPs are public servants and the prosecuting agency has to obtain the sanction of the assembly speaker before the charge sheet is filed against them.

Samaresh Banerjee, the former Bengal Lokayukta Justice believes that when the public representatives are involved in the case under the PC Act and the governor has given the sanction to prosecute, it cannot be disputed. He has also added that in this kind of case where the sanctions have been granted by the governor, there were no speakers in the office. It is presumed that the speaker is elected much later and also said that this aspect of the law has to be made clear.

Kalyan Banerjee has argued for the accused in the CBI court on Monday and pointed out the fact that the governor has given his sanctions after the oath of office was taken by the CM. He has also said that the constitution mandates that the governor must act on the aid and advice of the CM.