Kerala Governor Arif Mohammed Khan says he perceives a ‘start of collapse of Constitutional machinery’ in the State

Kerala Governor repeatedly accuses Chief Minister Pinarayi Vijayan of ‘plotting’ to subvert the police into abetting SFI’s attempts to harm him physically

December 12, 2023 01:33 pm | Updated December 13, 2023 03:06 am IST - Thiruvananthapuram

Kerala Governor Arif Mohammed Khan (file)

Kerala Governor Arif Mohammed Khan (file) | Photo Credit: PTI

Governor Arif Mohammed Khan upped the ante in his protracted stand-off with the Left Democratic Front (LDF) government by stating that he perceived the “start of the collapse of the constitutional machinery” in the State.

Speaking to reporters in New Delhi, Mr. Khan said a “jungle raj” prevailed in Kerala, but stopped short of commenting that the evolving circumstances might be a precursor to the President’s declaration of a State Emergency under Article 356 of the Constitution.

Mr. Khan, for the second consecutive day on Tuesday, accused Chief Minister Pinarayi Vijayan of reining in the police and tasking the Students Federation of India (SFI) “criminals” to harm him physically. “If this conspiracy is not a collapse of constitutional machinery, what is?” Mr. Khan asked.

Mr. Khan’s relationship with the government had hit a new and dramatic nadir on Monday evening when he stepped out of his official car to confront SFI activists who waved black flags at him in Thiruvananthapuram. A piqued Mr. Khan had accused Mr. Vijayan of plotting to harm him.

Possibility of fiscal emergency declaration

Mr. Khan also publicly toyed with the possibility of recommending the presidential imposition of a financial emergency in the State under Article 360 of the Constitution. He revealed that he had sought a report from the Chief Secretary on the State’s financial situation after the government deposed before the High Court that it was hard-pressed to honour its financial guarantees.

Mr. Khan slammed Mr. Vijayan for publicly stating that the government was not bound answer every query raised by the Governor. He set a time limit of 10 days for the government’s reply. “If not, I will make my recommendation to the President,” he said.

Mr. Khan’s scathing attack on the government roiled State politics. Union Minister of State for External Affairs V. Muraleedharan and Bharatiya Janata Party (BJP) State president K. Surendran said the State’s law-and-order machinery had collapsed.

“The Chief Minister wields the Home portfolio. Everything runs as per his direction. Who has held this conspiracy? He (CM) publicly stated that the Governor is provoking students. So, this conspiracy (to harm the Governor) is hatched by the CM. Section 124 of the Indian Penal Code clearly states that any attempt to overawe the President or the Governor is a cognisable offence. I have sought a report from the State Police Chief and the Chief Secretary,” Mr. Khan said.

Kerala Pradesh Congress Committee (KPCC) president K. Sudhakaran termed the “attack on the Governor” unprecedented and a black day for the State. Leader of the Opposition V.D. Satheesan said the government had failed to protect Mr. Khan. Congress working committee member Sashi Tharoor, MP, said “SFI goons” had resorted to disgraceful behaviour.

Token arrests

The Governor said mere token arrests would not suffice and called for a comprehensive probe. He alleged that some in the government leaked the Governor’s route to the black flag protesters. Mr. Khan said his car sustained severe damage in the attack. “The protesters used iron rods used as flag staffs to attack my vehicle,” Mr. Khan alleged.

When asked whether he would apprise the President of the situation, Mr. Khan replied: “I am a student of the scriptures. I do not complain.”

Mr. Khan said he would be back in Kozhikode on December 16 and would “venture out of the car and confront protesters” if they sought to mob his vehicle. “I would not sit in the vehicle in the event of an ambush,” he said.

BJP slams CM, CPI(M)

Union Minister of State for External Affairs V. Muraleedharan told reporters in New Delhi that the SFI’s attempt to “waylay” the Governor was illustrative of the dismal law and order situation in Kerala. “Even the titular head of the State cannot travel freely in Kerala. Mr. Khan’s vehicle sustained considerable damage in the SFI attack,” he said.

“The CPI(M) targeted Mr. Khan for acting against nepotism and corruption and upholding Constitutional values. The Chief Minister and the CPI(M) used incendiary language to provoke attacks against the Governor,” he said.

CPI(M) pushes back

CPI(M) Kerala secretary M.V. Govindan accused Mr. Khan of overstepping his Constitutional limits. He accused the Governor of acting unconstitutionally and said “the public did not take Mr. Khan’s utterances at face value.”

He said the SFI’s protest against Mr. Khan’s bid to stack State-funded varsities with Sangh Parivar nominees and Raj Bhavan’s bid to saffronise Kerala’s higher education sector would continue.

Ministers defend SFI

Kerala’s Tourism Minister P.A. Mohamed Riyas and Law Minister P. Rajeeve averred that the SFI activists had “exercised their right to dissent democratically and peacefully.”

SFI’s Kerala unit secretary P.M. Arsho said the SFI would intensify its protest against Mr. Khan in the coming days.

Police arrest 19 SFI protesters

Meanwhile, the Pettah police in Thiruvananthapuram arrested 19 SFI activists in connection with Monday’s black flag protest against Mr. Khan’s motorcade. The police were inspecting whether any vehicle in the motorcade, including the Governor’s car, sustained physical damage. Such an eventuality would entail slapping the provisions of the Prevention of Damage to Public Property Act against the protesters.

The police have also evoked Section 124 of the IPC against the SFI protesters. It relates to any attempt to assault the President or the Governor to compel or restrain the exercise of their lawful power. The section entails a punishment of up to seven years of imprisonment and a fine.

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