Ahmedabad, 20 September 2012

Gujarat High Court today rejected minister of state Shri Purushottam Solanki’s plea to quash Gujarat Governor’s order to prosecute him in alleged fisheries scam.

Solanki had filed a petition in the Gujarat High Court on factual and constitutional grounds challenging the Governor’s sanction for his prosecution under the Prevention of Corruption Act.

Solanki had said in his petition that a Governor does not have the power to grant sanction for persecution without the aid and advice of the council of ministers.

Solanki had demanded the governor’s order be quashed on the basis of a judgement passed by a seven-judge bench of the Supreme Court which makes it mandatory for the governor to work on the aid and advice of the government.

Counsel for Solanki, Prakash Thakkar had said, “the Governor’s decision has been challenged on merit. The decision of Governor is in contradiction of the order of a seven-judge Supreme Court bench and violets various provisions of the constitution. Governor has to act under the aid and advice of the Council of Ministers without taking an independent decision. Decisions on such issues are to be taken by the Council of Ministers and to be promulgated in the name of the Governor. According to SC verdict, the President and the Governor can not take decision in their individual capacity, without the aid and advice of the council of ministers. Hence, the current decision of the Governor is unconstitutional and sets a bad precedent. Governor Dr Kamla Beniwal had granted sanction for the prosecution of Solanki overruling the decision of the state cabinet. “If the Governor keeps giving such sanctions, then it would create a parallel government at the Governor House”.

Solanki had said in his petition that the decision to allocate contracts without auction was taken to ensure that poor local people get contracts. If the government had taken the auction route, it would have only benefited rich businessmen. The government passed a resolution to award fishing contracts at a base price to persons displaced by the Narmada project and to tribals. The decision to not earn from the fishing contracts was take in good spirit. Hence no tendering process was initiated to award the contracts. The move was not meant to earn revenue at all.

Solank reportedly mentioned in his petition that the government is being run by he BJP and the Governor is from Congress, and ao she has taken s political decision.

However the High Court has rejected Solanki’s plea.

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