Notice to state on graft probe clause against Ministers

The first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, on finding that the PIL has been moved at the behest of a political party, said “Why do you bring political matters in the courtrooms.” “An element of private interest sets in owing to political reasons,” the Chief Justice added.

However, senior counsel NR Ilango, appearing for Appavu citing a Supreme Court order which described the role of an Opposition party as that of a watchdog, submitted that the challenge is only to the present clause 4(v) of the G.O. (Ms) No. 173 dated 19.12.2018 which makes the accused themselves to be the judges of their own cause.

He submitted that even otherwise a Principal Secretary Public (SC) Department cannot be considered competent to remove a Chief Minister or a Minister and hence he cannot be competent authority as per section 17 A of the PC Act 2018 and it ought to be the Governor since he alone has powers to remove a Minister. The bench ordered notice to the state returnable in six weeks.