*Prevention of Corruption Act (PCA)- a Bourgieous enactment to save its crass compardor public leaders*I........... mean the clause clause in PCA invoked on need for the governor's sanction for prosecution.
On Tue, Jun 9, 2009 at 11:31 AM, damodar prasad <[email protected]>wrote: > *But Rasheed, Is not the . * > *I think by the way you were arguing about the necessity of CPs in > neo-liberal context in previous mails, you should've argued that CP leaders > should be above the bourgiuoes law of PCA....... clean and uncontaminated* > .. > > Governors, of course are pawns in the hands of the central governemnt and > the CBI is no great independent instituion. But is it not desirable that > Communist Party leader and the CP institution as such should be above such > posts? > > I am afraid that the way CPM has managed Lavalin, since the formation of > this Govt., has in turn helped the reactionary forces. > > The stubborn stance of CPM has enabled the bourgeous parties reap the > dividends of its mis-managed strategy. > > ( I referrred to "formation of this Govt" bocz when Lavalin issue came up > last time, Com. secy has boldly said that he is ready to face any inquiry. > The boldness was missing later, :-) :-) :-) only to be found in the words > of English Desabhimani, I mean the Hindu editorial.) > > CPM has given an impression that something is severely rotten by the way it > handled the issue. > > The media syndicate must have done its duty but the stance of CPM as > regards non-compliance to judicial review only complicated the matter. > > As an enthusiast of CPM brand politics and observing politics above > factional self-ineterests, *you* should be more worrying about the > moral- voice of CPM at national level. > > The red card often held out by the CPM on corrupt practice and tainted > ministers will no longer be available. > > The argument of political fight on legal issues is not only avaliable to > CPM. Now this will echoed by anyone.. i mean all the "compradors".. > > > > > > > > > On Tue, Jun 9, 2009 at 10:24 AM, Abdul Rasheed <[email protected]>wrote: > >> >> *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. 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