Gujarat High Court directs state govt to decide on minister Purshottam Solanki’s prosecution

Ahmedabad, 30 March, 2012

Gujarat High Court today asked the state government to take within three months, a decision on sanction to prosecute Fisheries Minister Purushottam Solanki over alleged irregularities in awarding fishing contracts.

Justice H N Devani, hearing the case, has also set aside an order by a deputy secretary, who had rejected an application demanding permission to prosecute Solanki.

The court held that the authority competent to grant permission is the Governor, who acts on aid and advice of the council of ministers. But if there is a likelihood of bias by the council of ministers, the Governor can use discretionary powers and substitute the decision of the government in sanctioning the prosecution of a minister under the Prevention of Corruption Act.

The court asked the the government to decide within three months whether to allow the prosecution of Solanki or not.

The high court accepted the petitioner’s argument that the Governor is the competent authority under the Prevention of Corruption laws, for it is he/she, who appoints the ministers as per the provisions of Article 169 of the Constitution.

It also pulled up the government for its “wavering stand” on the issue of the competent authority for issuing sanction for the prosecution of minister, said petitioner’s counsel Mukul Sinha.

The petition has been filed by one Ishaq Maradia, a resident of Bhagal village in Banaskantha district, after the state government refused to sanction Solanki’s prosecution for the alleged corruption. In 2008, Maradia had approached the HC, alleging in his petition that Solanki received over Rs 11 crore from 58 persons for awarding them fishing contracts for 58 reservoirs including Bhadar, Aji-3, Fofal and Machhu reservoirs.