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Petition seeking PM's dismissal rejected

Special Correspondent

CHENNAI: The Madras High Court on Wednesday dismissed a writ petition seeking a direction to the President to dispose of the petitioner's memorandum to her in March this year in which he has sought the dismissal of the Prime Minister for violating his constitutional duty.

In his petition, P.R.Krishnan of Annanagar West, a senior advocate, said the Prime Minister, Manmohan Singh, in February disclosed facts that revealed his failure to discharge his constitutional duty under Article 78 (Duties of Prime Minister as respects the furnishing of information to the President, etc.) At the media meet on February 16 in New Delhi, he spoke about the controversy surrounding the granting of 2 G spectrum licences and his role. He had said he did not communicate to the President the individual decision of the then Telecom Minister, A.Raja, regarding the first-come first-served policy while giving away the licences in 2008 which allegedly resulted in a huge loss to the country. The petitioner said this was a failure to discharge his mandatory duty under the constitutional provision. Following this, the President should have acted on her own.

He sent a memorandum to the President on March 14 seeking appropriate action, including dismissal of the Prime Minister. But there was no response. Hence, the present petition.

In its order, the First Bench comprising Chief Justice M.Y.Eqbal and Justice T.S.Sivagnanam said it was of the view that the writ petition in which the question regarding investigation of the scam relating to the 2 G spectrum could not be entertained by this court in the light of a Supreme Court order dated February 10 this year. In the order, the Supreme Court had categorically held and directed that since it was monitoring the investigation, no court should pass any order which may in any manner impair the probe. The petitioner, appearing party-in-person, submitted that the Supreme Court could not take away the High Court's jurisdiction under Art.226 (Power of High Courts to issue certain writs) by passing such an order. The Supreme Court being the highest court may make such observation which was binding on all High Courts, the Bench said and upheld the registry's objection with regard to maintainability of the petition.

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