Saturday, Sep 25, 2004
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By J. Venkatesan
NEW DELHI, SEPT. 24. The Supreme Court has issued notice to the Centre on a public interest litigation petition seeking removal of the four "tainted" Ministers — Lalu Prasad, Mohammed Taslimuddin, M.A.A. Fatmi and Jai Prakash Yadav — in the United Progressive Alliance Government. A three-Judge Bench, comprising Justice Santosh N. Hegde, Justice S.B. Sinha and Justice A.K. Mathur, also issued notice to the four Ministers. The Bench had, on July 16, declined to entertain the petition, observing that it would be premature for the court to interfere in the issue, as it was being debated in Parliament. The Bench had also told counsel for the petitioner: "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 petitioner, Manoj Narula, thereafter filed a review petition, stating that no such issue was ever debated in Parliament and wanted the court to reconsider its decision. The Bench, after considering the matter on Thursday, issued notice to the Centre and the four Ministers concerned.
`Breach of oath'
The petitioner contended that there was evidence on record to show that the four Ministers had breached the oath of office in terms of Article 75 of the Constitution. The trial courts had taken cognisance of chargesheets filed against them and it would show they were prima facie guilty. The petitioner said that while selecting a person to be a Minister, the Prime Minister must take into consideration the fact whether that person was able to carry on the terms of the oath as given in Schedule III of the Constitution before tendering his advice to the President to appoint him as Minister. He contended that unless the four Ministers were absolved of their charges they could not be allowed to continue, and sought a declaration that their appointment as Ministers was unconstitutional. He also sought their removal.
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