Author:
Publication: The Economic Times
Dated: March 25, 2006
Introduction: Apex court Expresses Reservations
Over Govt's Stand 0n Tainted Ministers
[Note from Hindu Vivek Kendra: If these comments
had come during the time of the NDA government, the media and the secularists
would have made a huge tamasha out of it.]
In what is seen as a clear disapproval of
the Manmohan Singh government's stand that tainted ministers should be "presumed
innocent" until conviction in the cases against them; the Supreme Court
on Friday rammed in the need for who1esome political response to the issue.
The SC, which found the argument morally untenable,said
that it focused on the larger issue of expectations of clean politics. "Does
that assumption of innocence come to play, while, making other such appointments?
Can a person facing rape charges be appointed as a judge or an Election Commissioner,"
an apex court bench comprising Chief Justice YK Sabharwal and Justice CK Thakker
asked. The angry response of the court came when Additional Solicitor General
Gopal Subramaniam said that till the charges against the tainted ministers
are proved, there should be a presumption of innocence. The apex court was
in complete agreement with amicus curiae Rakesh Dwivedi's contention that
the issue should be seen in the larger context of good governance. "The
presumption of innocence is one side of the coin, the other being that the
trial court, by framing charges against a person has found a prima facie case
against him," the bench said.
The court wondered whether such a person would
be considered for appointment in a sensitive government post. "If a trial
court finds a prima facie case against a person under Section 376 (rape) or
302 (murder), and frames charges against him, can he be given a sensitive
post of a Cabinet minister," the court asked. The court then said that
since the case of importance to good governance, it would be heard by a five-judge
constitution bench.
The SC's observations were in response to
a PIL, seeking the dismissal of Union ministers Lalu Prasad Yadav, Shibu Soren,
Mohd Taslimuddin and MAA Patmi. The petitioner had contended that since these
ministers are facing criminal charges, they should not handle sensitive matters.
But the Centre got a relief, when Solicitor
General GE Vahanvati convincingly argued against sending a notice to the Prime
Minister. The court deleted the prime minister's name from the list of respondents
and issued notices to the Centre and state governments. The Centre and the
state governments would have tell the court whether they are "following
the Constitution in letter and spirit."
