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Court refuses to admit plea for removal of `tainted' Ministers

By J. Venkatesan

NEW DELHI, JULY 16. The Supreme Court today declined to entertain a public interest litigation petition seeking removal of four "tainted" Ministers in the United Progressive Alliance Government saying that there was no law to prevent the inclusion of "tainted" Ministers in the Council of Ministers.

A three-Judge Bench, comprising Justice Santosh N. Hegde, Justice S.B. Sinha and Justice A.K. Mathur, said it would be premature for the court to interfere in the issue as it was being debated in Parliament.

"Let us wait for Parliament to decide the matter and if it formulates any law we will look into it. The issue raised in the petition is being debated in Parliament and, therefore, it will be premature to take up the matter at this stage," the judges told counsel for the petitioner, Manoj Narula.

The petitioner sought the removal of the Ministers, including the Railway Minister, Lalu Prasad, Mohammed Taslimuddin, M.A.A. Fatmi and Jai Prakash Yadav.

He contended that there was evidence on record to show that the Ministers had breached the oath of office in terms of Article 75 of the Constitution as they were involved in "heinous crimes."

The trial courts had taken cognisance of the chargesheet filed against them and it would show they were prima facie guilty. While selecting a Minister, the Prime Minister must consider whether the person would be able to carry on the terms of the oath as given in Schedule III of the Constitution before tendering advice to the President to appoint him as Minister.

Unless the four "tainted" Ministers were absolved of their charges they could not be allowed to continue as Ministers, he said and sought a declaration that their appointment asMinisters was unconstitutional.

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