Legal Circles

* WARNING BELLS RING IN PUNJAB; ECHO IS HEARD IN OTHER STATES TOO !

If you thought the ongoing acrimony between the Governor of Punjab, Banwarilal Purohit and the Chief Minister Bhagwant Singh Mann was just a routine matter as the similar situations are also prevailing in several other Opposition ruled States, then you are wrong. In case of Punjab, going by the fierce war of words between these Constitutional functionaries reaching the boiling point, it seems that really something ' big ' is in the offing !

Vexed with the hostile attitude of the Chief Minister, the Punjab Governor has finally in the most unequivocal words has told the Chief Minister that if he did not mend his ways, he as the Governor of Punjab, will not only send the report to the President of India stating that there is complete break down of the Constitutional machinery in the State, but will also file a criminal case against the Chief Minister for disobeying, insulting and defaming the Governor. And if this threat materialises, then Punjab will become the first state to resultantly invite the President rule under the BJP led NDA at the Centre in last nine years.

The differences between the Governors and the Central or State governments are not a new phenomenon. Way back, when Dharmavir was the Governor of West Bengal bitter differences had emerged in full public view. Again the insulting way with which Prabhudas Patwari, a Gandhian to the core and the Governor of Tamilnadu was treated by the Congress government at the Centre forcing Patwari to resign is also afresh in our minds.

In the recent times, the insulting and even abusing treatment meted out to the Governors of West Bengal, Telangana and some other Opposition ruled States by the Chief Ministers of the respective States raises serious concerns about the real intentions of Chief Ministers concerned. The Governors as per our Constitution, represent the President. They enjoy certain Constitutional rights and privileges including right to summon the sessions of legislature and address them, grant pardon to convicts under certain circumstances, call for information on the matters of administration and in case of complete breakdown of the Constitutional machinery even recommend to the President of India for imposition of the President rule in the State.

Certainly, Mann ' s irresponsible utterances such as, " I am answerable to 3.5 crore people of Punjab only, and not the Governor" are nothing but open defiance of the authority of the Governor who is the Constitutional head of the State. And it is high time to set right such unruly and irresponsible leaders to protect the Constitution.

Then, the Central government should not stop by just imposing the President rule in Punjab, but should also teach a befitting lesson to other similar characters in other States. Indeed, it is necessary that the question as to who will call the shots in such a situation, is decided as early as possible to ensure the real Rule of Law in the country.

* TO RELY, DYING DECLARATION SHOULD BE FREE FROM SUSPICION: SC

In a judgement of far reaching consequences, the Supreme Court of India has held that it is unsafe to convict a person solely on the basis of dying declaration if there is an element of suspicion.

A bench of Justices B.R Gavai, J.B Pardiwala and Prashant Kumar Mishra said though the acceptability of dying declaration is high because it is done by a person at the time of death when every motive to falsehood is silenced, and the man is induced to speak only the truth, still the courts should not rely on it blindly.

In the case on hand, in two dying declarations the victim had alleged that the accused had set the room on fire, still there were glaring discripancies which made the dying declarations unreliable.

* ONE MORE TS MLA UNSEATED BY HC

Within a period of one month, the Telangana High Court unseated one more MLA declaring his election as void.

Justice T. Vinod Kumar found the BRS party Gadwal MLA, Bandla Krishna Mohan for filing a false affidavit about the assets owned by him and his family. Krishna Mohan who did not participate in the court proceedings was set exparte. His last minute attempt to get the set exparte order set aside paving way for his participation in the court proceedings, did not bear fruits.

The court imposed a penalty of Rs.2.50 lakh and further ordered to pay a sum of Rs.50,000 to the petitioner, D.K Aruna towards cost of the litigation. The court declared Aruna as the MLA with retrospective effect.

Earlier, last month the High Court had struck down the election of Kothagudem MLA, Vanama Venkateswara and declared the defeated rival candidate, Jalagam Venkat Rao as elected.

* KERALA -HC ACQUITS RSS WORKERS OF MURDER CHARGES

A division bench of the Kerala High Court comprising Justice P.B Suresh Kumar and Justice C.S Sudha, acquitted on August 23 all seven members of the Rashtriya Swayam Sevak Sangh (RSS) charged with the offences under of murder, criminal conspiracy etc., finding faulty investigation.

The case, Naveen & Others Vs. State of Kerala related to the murder of a CPI (M) activist, Shihab on March 1, 2015. The prosecution was launched against 11 RSS activists, of which 4 were earlier acquitted by the Sessions Court.

* TS-HC SUSPENDS JUDGE K.JAYA KUMAR

The administration wing of Telangana High Court has suspended the Judge of the Special Court for M.Ps/M.L.A cases K . Jay Kumar and initiated disciplinery proceedings against him. The High Court has also asked the suspended Judge not to leave Hyderabad during the pendency of the proceedings.

The matter relates to a complaint against an elected MLA, and now a Minister in the state government. The complainant alleged that the elected MLA had corrected his election affidavit after submitting the same to the Election Commission. The state chief election officer helped him to do so. The Judge it is alleged orally directed the police present in the Court to register an FIR against the state election commission chief by 4 p.m failing which action will be taken against the police also.

The office of the Election Commission then filed a complaint against the Judge following which action has been taken by the High Court.