*That does not mean that Governer is impartial. Sure, advocate General might have party interests. As one who have the right to criticize the AG, we can criticize the Governer too, since both of them are party nominees. * ** *But here the Governer acted against the advise of ministry and the advise of AG. He may have the discreetional power to take such a dicision. By doing this, here he became the part of a political game.* ** ** *regards * *Rasheed *
On Tue, Jun 9, 2009 at 5:02 AM, damodar prasad <[email protected]>wrote: > Since Advocate General is elected by the people, to think he will take a > partial decision is against the commonsense. > But never had I thought a post-modern situation would prevail amidst the > feudal factional struggle for Leninist Truth. > What more eveidence needed for a the arrival of political relativism, in > other words, Most-Modern!! > > > On Mon, Jun 8, 2009 at 7:11 PM, Abdul Rasheed <[email protected]>wrote: > >> >> *The Governer is the nominee of the ruling party in centre. To think that >> he will take a completely impartial dicisions will be a stupidity. * >> ** >> *regards * >> *Rasheed * >> ** >> >> >> >> >> On Mon, Jun 8, 2009 at 1:40 PM, sunil kumar <[email protected]>wrote: >> >>> >>> >>> *Governor can sanction Minister's prosecution, says Supreme Court * >>> >>> By Our Legal Correspondent >>> >>> NEW DELHI, NOV. 5. The Supreme Court today held that the Governor of a >>> State could independently accord sanction for prosecution of a Minister in >>> prevention of corruption cases without the "aid and advice" of the Council >>> of Ministers. >>> >>> A five-judge Constitution Bench, headed by Justice N. Santosh Hegde, >>> observed that "if on facts and circumstances of a case, the Governor cannot >>> act in his own discretion there would be a complete breakdown of the rule of >>> law inasmuch as it would then be open for Governments to refuse sanction in >>> spite of overwhelming material showing that a *prima facie* case is made >>> out." >>> >>> The Bench that included Justice S.N. Variava, Justice B.P. Singh, Justice >>> H.K. Sema and Justice S.B. Sinha said: "If, in cases where [a] *prima >>> facie* case is clearly made out, sanction to prosecute high >>> functionaries is refused or withheld, democracy itself will be at stake. It >>> would then lead to a situation where people in power may break the law with >>> impunity safe in the knowledge that they will not be prosecuted as the >>> requisite sanction will not be granted." >>> >>> The Bench gave this ruling while upholding sanction for prosecution >>> accorded by the then Madhya Pradesh Governor against two former Ministers, >>> Rajender Kumar Singh and Hisahu Ram Yadav. A case under the Prevention of >>> Corruption Act was registered against them in March 1998 on the basis of a >>> report from the Lok Ayukta. >>> >>> Sanction sought from the Council of Ministers for prosecuting the two was >>> rejected. The Council of Ministers held that there was not an iota of >>> material available against them for proceeding with the case. The Governor >>> then considered the matter and opined that a *prima facie* case was made >>> out for granting sanction and gave it under Section 197 of the Criminal >>> Procedure Code. >>> >>> The two Ministers challenged the Governor's decision in the High Court >>> and both a single Judge and then a Division Bench quashed the Governor's >>> order. The special leave petition by the Madhya Pradesh Special Police >>> Establishment was directed against this judgment. >>> >>> ** >>> >>> © Copyright 2000 - 2009 The Hindu >>> >>> >>> >>> >> >> >> --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB -~----------~----~----~----~------~----~------~--~---
