CM forbids officials from briefing Governor, eliciting sharp response from Khan

Vijayan says constitutional course of action will be to route such directions to officials through the CM

Chief Minister Pinarayi Vijayan on Tuesday turned down Kerala Governor Arif Mohammed Khan’s demand for an in-person briefing from the Chief Secretary and the State Police Chief (SPC) about “using proceeds from gold smuggling and hawala racketeering for anti-national activities.” 

Mr. Khan had sought a report from the State government on the statements about such a nexus that appeared in the media quoting Mr. Vijayan. The alleged delay on the government’s part prompted Mr. Khan to issue an ultimatum, demanding that the top officials brief him in person at Raj Bhavan on Tuesday. 

In a communique to Mr. Khan, Mr. Vijayan said the government would soon submit the report he had sought. However, Mr. Vijayan maintained that the constitutional course of action “would be to route any such directions to the officials through the Chief Minister.” 

Mr. Vijayan said Mr. Khan’s missive was that the Chief Secretary and the State Police Chief brief the Governor directly, which contravened principles of democratic governance as envisaged in the Constitution. He termed Mr. Khan’s direction an infringement on constitutional morality. He said the Constitution vests no “further power” in the Governor’s office regarding its relationship with the council of Ministers. 

Mr. Vijayan said he had instructed the Chief Secretary not to respond to the communication allegedly conveyed behind the elected government’s back. 

‘Within rules’

Mr. Vijayan’s letter drew a sharp response from Mr. Khan. He replied that the Governor seeking information on a particular subject of national concern was well within the spheres of the Rules of the Business of the Government of Kerala and relevant articles of the Constitution of India. Mr. Khan wrote that he was constrained to seek a direct briefing from the top officials after the government failed to submit a detailed report. He deemed the government’s silence, inaction, and inordinate delay in furnishing the facts to the gubernatorial office “intriguing” and created the impression that the administration had something to hide. 

Mr. Khan said the government could not brush aside his query about the grave economic offence as a routine administrative matter. He said he had sought a report to fulfil his constitutional duty of informing the President of India. Mr. Khan said the government risked being viewed as acting against constitutional provisions and constitutional morality if it shied away from its legal duty of briefing the government on grave matters like anti-national activities.

Published - October 08, 2024 09:10 pm IST