The former Prime Minister, H.D. Deve Gowda, on Friday came down on Karnataka Chief Minister B.S. Yeddyurappa for the Cabinet writing to Governor H.R. Bhardwaj, denouncing his decision to give sanction for prosecution of the Chief Minister on the land deal issue.

This letter itself was sufficient to seek the BJP government's dismissal, Mr. Gowda, who is the president of the Janata Dal (Secular), said in a statement here. The Cabinet reaction was an admission of guilt. “By seeking to subvert the Rule of Law, trying to intimidate the highest constitutional office in the State, and seeking to prevent the Governor in due discharge of his constitutional duty, each Cabinet member has created a situation that amounts to a breakdown of the constitutional machinery.”

It was a well settled law laid down by the Supreme Court that the Governor — in matters of grant or refusal of permission to sanction prosecution of the Chief Minister or any other Minister — would act under the Constitution independent of the aid and advice of the Council of Ministers, and in due discharge of his constitutional duty and mandate. No Chief Minister or Council of Ministers could fetter this power, Mr. Gowda pointed out.

But the Ministers, through their decision to support and bail out Mr. Yeddyurappa, had sought to obstruct his lawful prosecution by court for “corruption.”

“By doing this, the Chief Minister and his Cabinet have passed a resolution of no confidence in the judiciary of India, as their grievance was that no sanction be given by the Governor for a case to be taken up by a court under the provisions of the Prevention of Corruption Act,” Mr. Gowda said. “The Governor is doing his constitutional duty and wants to discharge this faithfully, as is evident from his calling for records from the government to satisfy himself. What is wrong in this?”


Bhardwaj sanctions prosecution of YeddyurappaJanuary 21, 2011

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