At least three UPA-appointed governors face the axe on the ground that “Constitutional immunity to Governors does not apply to those who are wanted for ongoing investigations.”
Narrowing down the list of governors who face likely removal, a highly placed government source, in an interview to The Hindu-BusinessLine , specifically mentioned the names of Shiela Dixit (Kerala), M.K. Narayanan (West Bengal) and Bharat Vir Singh Wachoo (Goa).
The CBI wants to examine Mr. Narayanan and Mr. Wanchoo in the AgustaWestland VVIP chopper deal and FIR has been lodged against Ms. Shiela Dikshit in a streetlight project scam ahead of the Commonwealth Games.
The investigating agency has maintained that Wanchoo and Narayanan had participated in the meeting in 2005.
While the Congress has questioned the Constitutional validity of the reported move to remove the Governors, indications are that the Government is not ready to retract any time soon. Unless the incumbents choose to leave gracefully, the turn of events could lead to the first big confrontation between the UPA 2 and the newly-formed NDA government.
In this context, a highly placed government source quoted Article 361 (2) of the Constitution to clarify that while the Governors may be exempted from criminal proceedings, they were not exempted from investigation and this could be construed as valid grounds for removing them.
The CBI has maintained that the examination of the two constitutional functionaries is important as these two, M.K. Narayanan of West Bengal and Bharat Vir Singh Wachoo of Goa, had participated in the meeting in 2005 that allowed key changes in the technical specifications which led to 12-Helicopter contract being clinched by AgustaWestland.
Mr. Wanchoo was the director of the Special Protection Group (SPG) while Mr. Narayanan was the National Security Advisor in the UPA regime.
The government source pointed out that Ms. Dikshit’s appointment was particularly inappropriate as it was done while the model code of conduct was in force and she faced an FIR over the streetlights scam during the Commonwealth Games.
“A Governor can be sacked for a reason. You don't have to justify the reason, but it has to be recorded the reason on file. The government can act in its wisdom,” the source said.
Article 361(2) of The Constitution reads: “No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office.”
“The new government must be allowed to function with the freedom that it deserves. Under the circumstances it may be best for the incumbents to take an enlightened call,” said the source. He, however, said that there was no plan to remove all UPA-appointed governors. He added that most were retiring shortly while only a few others could still continue.
Click >here to read the original article published in The Hindu BusinessLine.
